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Municipality of Boissevain-Morton
ZONING BY-LAW
The Municipality of Boissevain-Morton is located within Treaty 1 and 2 Territory, on the
traditionallands of the Anishinaabe (Ojibwe), Dakota, Oji-Cree, the Ininiwak (Cree), and
Dene peoples, and in the homeland of the Red River Métis.
We acknowledge this land and water, the original peoples of this place, and the treaties that
guide our ongoing relationship.
We commit to tending to this place and our treaty partnerships with care in the spirit of
collaboration and reciprocity going forward.
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Municipality of Boissevain-Morton
Municipality of Boissevain-Morton Zoning By-Law | 1
HOW TO USE THIS ZONING BY-LAW
This zoning by-law regulates the use, size, height and location of buildings on properties
within Municipality of Boissevain-Morton. The following is a simple four-step process to
determine the uses and structures that may be allowed on a specific piece of property in a
given zone.
STEP 1: What zone is your property located in?
-
Use the maps in Schedule "A" at the back of this by-law to find the zoning for your
property.
-
Reference PART 3: Zones for a description of the intent of that particular zone.
-
Look in the Development Plan that applies to your property to confirm your proposal is
supported by the applicable policies in those documents.
STEP 2: What uses are "permitted uses" and "conditional uses" in your zone?
-
Find the column with the zone of your property in the applicable Use Table in PART 3:
Zones
-
Uses marked with the letter "P" are permitted uses and may be developed once you
have received a Development Permit.
-
Uses marked with the letter "C" are conditional uses that may or may not be
acceptable in a particular zone depending on the particular circumstances of a
proposed development. Conditional uses require a public hearing process and may
have extra conditions imposed on the use to make it acceptable for the location.
-
Certain uses have additional use-specific requirements, check PART 4: Use Specific
Standards of this By-law to determine whether any additional requirements apply to
the proposed use.
STEP 3: How and where can you develop properties in your zone?
-
Find the column with the zone of your property in the applicable Bulk Table in PART
3: Zones
-
The Bulk Table provides information on allowable height of buildings and structures,
required setbacks for yards, and other spatial requirements for a property.
-
To understand the specific details of these requirements, you may need to reference
the PART 2: General Rules and Regulations Applicable in All Zones, PART 4 -
Use Specific Standards and PART 6 - Definitions of this By-law.
STEP 4: What kind of permits do you need?
-
In most cases, you will need a Development Permit before you start any change in
land use or any development (including construction of a building) on a property.
-
Check PART 5 Administration and Enforcement - PART 5 of this by-law to see if
your planned development is exempt from needing a Development Permit. If so, you
may proceed with development, as long as it meets the other requirements in this and
other applicable by-laws.
-
If you need a Development Permit or Building Permit fill out a Building and
Development Permit application.
-
You are responsible for finding out if any other provincial or federal regulations apply to
your development, as well as any other required local permits, such as plumbing,
electrical, demolition permits, etc.
Municipality of Boissevain-Morton Zoning By-Law | 3
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Municipality of Boissevain-Morton Zoning By-Law | 5
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This by-law shall be known as the Municipality of Boissevain-Morton Zoning By-law.
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This by-law applies to all lands in Municipality of Boissevain-Morton as shown on the
zoning maps of Schedule "A" of this by-law.
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This by-law regulates: a) the construction, erection, alteration, enlargement or placing
of buildings and structures b) the establishment, alteration, or enlargement of uses of
land, buildings and structures c) all other forms of development not included above.
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Within the Municipality of Boissevain-Morton, no land, building or structure shall be
used or occupied, and no building or structure shall be constructed, erected, altered,
enlarged or placed, except in accordance with this by-law.
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Whenever a provision of another by-law or a law or regulation of the provincial or
federal government contains a restriction governing the same subject matter
contained in this bylaw, or imposes inconsistent regulations with respect to uses,
buildings, or structures, the most restrictive or highest standard shall prevail.
The onus will be on the applicant to provide sufficient documentation attesting that the
applicable by-law, or regulation is of a higher standard, and where the
activity/development is regulated by a higher authority under licence or permit, the
submittal, review and approval of the submitted documentation will, at the discretion
of the Development Officer, waive the requirement of the municipality to issue the
required Development Permit.
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In this by-law or in a development permit, approval of a conditional use, variance
order or other approval issued under this by-law shall not be construed as
authorization for the carrying out of any activity which is a nuisance due to noise,
odour, emission, vibration or other cause or create a hazard or a hazardous condition.
Municipality of Boissevain-Morton Zoning By-Law | 6
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No land, building or structure shall be used or occupied except for a use which:
(a)
Is listed in the applicable Use and Bulk Table as one of the following:
a Permitted Principal Use;
a Conditional Principal Use, subject to Council approval;
a permitted accessory or secondary use, building or structure;
a conditional accessory or secondary use, building or structure;
(b)
Where a proposed use is not listed, and by interpretation of the by-law no
equivalency can be found, the proposed use will be deemed to be
prohibited and a zoning by-law amendment will be required to allow for the
proposed development in the zone in which it is located.
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(a)
A lawfully established existing use, building or structure which is classified
as a permitted use, building or structure in the by-law shall be allowed to
continue to exist, and may be enlarged or expanded, may be changed to
another permitted use, or may be replaced if destroyed. In these
circumstances, the enlargement, expansion, change in use, or replacement
shall be subject to the issuance of a development permit, and shall conform
with all requirements of the by-law.
(b)
A lawfully established existing use, building or structure which is classified
as a conditional use in this by-law shall be deemed to be an approved
conditional use, building or structure and shall be allowed to continue to
exist, or may be replaced if destroyed, provided that the replacement does
not increase the intensity of the previously existing use.
In these circumstances, the change in use or replacement shall be
subject to the issuance of a development permit, and shall conform
with all requirements of this by-law; and
Where an enlargement or expansion of such use is proposed, it shall
require the specific approval of Council, in accordance with the
requirements of PART 5 of this By-law.
Municipality of Boissevain-Morton Zoning By-Law | 7
(c)
Where a lawfully established use is established on a site and a site area or
site width or required yard in accordance with the minimum requirements
of this by-law and is thereafter reduced below the minimum requirements
of this By-law by virtue of the development of a public work, street or
public utility, the affected site area, site width and required yard shall be
deemed to conform to the minimum requirements of this By-law
(d)
A lawfully existing use, building or structure which is not classified as a
permitted or conditional use, building or structure in this by-law shall be
considered as a legal non-conforming use, building or structure, and
shall be subject to the provisions of The Planning Act governing non-
conformities:
A legal non-conforming use shall be allowed to continue to exist,
and may be changed to a permitted use
A legal non-conforming use shall not be intensified and shall not be
changed to a different non-conforming use;
A legal non-conforming use shall not be re-established if it is
discontinued for a period in excess of one year. A change in
ownership or tenancy of a non-conforming use shall not affect the
status of the non-conforming use;
A legal non-conforming building or structure shall not be re-
established if it is removed or destroyed by more than 50 percent of
its replacement value above the foundation; and
Other provisions of The Planning Act governing non-conforming
uses, buildings and structures, including a provision which enables
Council to consider variation orders in situations where non-
conformities are proposed to be enlarged or expanded, shall apply.
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Notwithstanding the provisions PART 2, Section 2.2 (above) all lawfully
established residential dwellings and their accessory structures existing at the
effective date of this By-law are deemed to be permitted uses conforming to the
minimum bulk requirements of the zone in which the buildings and/or structures are
situated. Any enlargement, intensification, expansion or change of use of said existing
residential dwellings and their related accessory structures shall conform with all of
the requirements of this By-law.
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Where land, a building, or a structure is used for more than one purpose, all
provisions of this by-law relating to each use must be satisfied. Where more than one
provision in this by-law is applicable, the higher or more stringent requirement shall
apply unless specified otherwise.
Municipality of Boissevain-Morton Zoning By-Law | 8
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No accessory use, building or structure shall be established except for those in
compliance with the following regulations:
(a)
In this Municipality, an accessory use, building or structure may be
accessory to a permitted or approved conditional use and may itself be
treated as a permitted or conditionally approved accessory use, building or
structure.
(b)
No accessory use, building or structure shall be established, constructed or
erected prior to the establishment of the principal use of land, building or
structure to which it is accessory, except for the following:
An accessory garage or storage building may be constructed or
erected for the purpose of storage of materials and equipment for
use during construction of the main building, provided that a
Development Permit and Building Permit has first been obtained for
the principal building on same the zoning site as the accessory use,
building or structure.
A meteorological tower, used for wind and/or climatic research shall
be allowed to be erected, subject to Council's approval, for a term
not exceeding three (3) years and shall be subject to all other
provisions of this By-law pertaining to the siting of Wind Energy
Generating System. If the meteorological tower is to remain in place
after the maximum three (3) year period, it shall become a part of a
Wind Energy Generating System and be subject to the approval
process required for the system as provided for PART 3 of this By-
law.
(c)
The area of land or buildings used or occupied for accessory uses on a site
shall not exceed the area of land or buildings respectively used or occupied
by principal use on the same site.
(d)
No land, building, or structure shall be used or occupied for any accessory
use after the use or uses to which it is accessory have been discontinued.
(e)
Where the accessory building or structure is attached to a principal building
or structure, it shall be subject to, and shall conform to, all regulations of
this by-law applicable to the principal building or structure.
(f)
Where the accessory building or structure is detached from the principal
building or structure, it shall be subject to, and shall conform to, all
regulations of this by-law applicable to accessory buildings or structures.
(g)
An accessory building or structure shall not be used as a dwelling unit,
except where otherwise allowed in this by-law.
Municipality of Boissevain-Morton Zoning By-Law | 9
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No building or structure shall be moved in whole or in part to any other location unless
every portion of the building or structure is made to conform to or where a variation
order is granted pertaining to the regulations of this By-law applying to the zone in
which it is located.
Notwithstanding any other by-law or policy of Boissevain-Morton Municipality
regarding demolitions or removals, upon completion of the removal or demolition of a
building from a site, the old foundation shall be removed, any excavation shall be
filled, the ground shall be leveled and the site shall be put in a safe condition to the
satisfaction of the Boissevain-Morton Development Officer with whom Council shall
rely on for advice that the site owner has undertaken appropriate action to ensure
public safety on the affected site. Unless otherwise specified, a minimum of 6 inches of
topsoil is to be added to complete the filling of the excavation.
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No permanent building may be constructed or placed on a parcel which does not have
legal access to an improved public road, except in the case of an approved landlocked
site, as described in Section 2.8 (below).
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(a)
In unique circumstances, Council may permit development on a site which
only has frontage on a private lane or road, provided that the said lane or
road is at least twenty feet in width and intersects with an improved street
and is secured by means of a registered easement/declaration of right-of-
way.
(b)
For the purpose of establishing the position of the required yards, the
Development Officer shall determine the front, side and rear site lines of a
landlocked site. Such accesses shall be developed and/or improved to a
standard that ensures all weather access by emergency services vehicles.
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Where the site area or site width of an existing parcel of land have been reduced as a
result of land acquired for the establishment or widening of a public road or drain, or
for any other public work, the resulting site area and width of the parcel shall be
deemed to be in compliance with the minimum site area and width requirements for
the existing lawfully established use of the parcel as specified by this by-law.
Municipality of Boissevain-Morton Zoning By-Law | 10
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Where a site is of such a unique configuration that the required yards cannot be
ascertained in accordance with the definitions of PART 6, the Development Officer
may designate the location of the required yards. The location and required
dimensions of such yards shall be consistent with the intent of the yards specified for
the zone within which the site is located.
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Where a parcel is serviced by municipal piped sewer or water, no permanent principal
building or dwelling shall be constructed or placed unless it is connected to such
services, except where otherwise allowed in this by-law.
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Within all zones in the Municipality, required yards are intended to provide open
spaces around buildings and structures for purposes of amenity, privacy, fire
protection, and maintenance operations along the walls of buildings.
Required yards shall be free of buildings--except accessory buildings and structures,
which must conform to the other requirements of this By-law--and be maintained as
open space areas on all sites, except as follows:
(a)
Open, unenclosed stairs and landings may extend into any required front or
rear yard to a maximum distance of 10 feet, and there shall be no
limitation on the construction of unenclosed wheelchair ramps;
(b)
Other open, unenclosed projections of a building, including eaves, awnings,
wing-walls, raised decks and balconies, may extend into a required yard up
to 50 percent of the required yard depth to a maximum projection of 5
feet, whichever is the lesser;
(c)
Enclosed projections of a building, including chimneys, alcoves, eaves and
bay windows may extend into a required yard up to 50 percent of the
required yard depth to a maximum projection of 5 feet, whichever is the
lesser, provided that no more than 10 square feet of area within any
required yard is occupied by these types of projection;
(d)
Landscaping features such as driveways, sidewalks, and patios at grade
level, ornamental plantings, fences, cairns, and other decorative features
are permitted within any required yard, provided that the maximum height
of a fence complies with the height and material standards indicated in this
zoning by-law;
(e)
Air conditioning units or air exchanges detached from the principal building
may be placed in any yard but must be located a minimum distance of ten
(10) feet from any site line and must be screened with compact hedges or
shrubs or other landscaping if located in a front yard.
Municipality of Boissevain-Morton Zoning By-Law | 11
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Within all zones, where a site has frontage along two more or less parallel streets, the
following provisions shall apply:
(a)
Where the site depth is greater than two-hundred (200) feet, both site
lines which abut these streets shall be considered to be front site lines, and
the adjacent yards shall both be considered to be required front yards; and
(b)
Where the site depth is two-hundred (200) feet or less, only one (1) site
line shall be considered to be the front site line, and this determination
shall be made by the Development Officer, based on the arrangement of
existing buildings in the immediate area.
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No permanent building shall be constructed or placed:
(a)
in the vicinity of a lake, river, watercourse or body of water on land that
would be inundated by the one in two hundred year flood or by a recorded
flood exceeding the two hundred year flood, unless the owner provides
sufficient information prepared by a qualified engineering consultant
licensed to practice in Manitoba, to demonstrate to the satisfaction of
council that the land is not subject to flooding; or proper measures will be
taken to protect the building from flooding.
(b)
On land which is subject to subsidence or erosion by water or is marshy or
unstable, or is otherwise unsuitable or hazardous by virtue of its soil or
topography, unless the owner provides sufficient information prepared by a
qualified engineering consultant licensed to practice in Manitoba, to
demonstrate to the satisfaction of council that proper erosion control or
bank stabilization measures will be taken to deal with the unsuitability or
hazard.
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In accordance with policy 2.3.10 of the Development Plan, land must not be cleared or
developed to the water's edge of creeks, streams and lakes. An adequate buffer of
undisturbed native vegetation must be retained (and rehabilitated, where possible) to
reduce erosion and sedimentation, protect water quality and fish habitat and provide
for wildlife as follows:
a) A 15-metre (49 feet) undisturbed native vegetation area for lands located
adjacent to first or second order drains and artificially created retention ponds;
and
b) A 30-metre (98 feet) undisturbed native vegetation area for lands located
adjacent to all natural water bodies and waterways and other third or higher
order drains.
Municipality of Boissevain-Morton Zoning By-Law | 12
Developments that create minor disturbances to the natural vegetative cover in
riparian areas, such as docks and pathways, may be permitted in those areas,
provided that not more than 25% of the length of the lot's shoreline is affected.
Proposed alteration within this native vegetation area may be referred to the federal
or provincial authorities having jurisdiction for their review.
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Unless the development has been deemed safe by a qualified engineering consultant
licensed to practice in Manitoba or unless a reduced separation distance is
recommended by the provincial authority having jurisdiction and Council approves a
variation order, no new residential development shall be allowed within:
(a)
460 metres (1,509 feet) of a wastewater treatment lagoon, or
(b)
400 metres (1,312 feet) of an operating or abandoned waste disposal
ground.
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(a)
No building, dwelling (including a mobile home), or farm structure shall be
constructed or located within an area which has been designated as a high
or medium quality aggregate area by the Province of Manitoba, unless the
site has been first been reviewed by the Mines Branch and a
recommendation provided which would allow development to proceed.
(b)
Where the proposed building is a dwelling, a separation distance of 500
feet shall be provided between the building location and the limits of the
deposit.
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(a)
The Municipality of Boissevain-Morton may require mitigative measures
such as berms or fencing to be implemented in accordance with Federation
of Canadian Municipalities' "Guidelines for New Development in Proximity to
Railway Operations"--as deemed necessary considering the nature of the
development and site conditions--for any new residential development
proposed in proximity to an active railway line:
Within 300 meters (1000 feet) of a freight rail yard;
Within 30 meters (100 feet) of a railway principal or secondary main
line; or
Within 15 meters (50 feet) of a branch line or spur line.
Municipality of Boissevain-Morton Zoning By-Law | 13
(b)
Nothing in this By-law shall be interpreted so as to interfere with normal
railway operations and maintenance of railway tracks.
(c)
Railway office buildings, warehouse facilities, maintenance buildings, and
storage areas shall be subject to the requirements of this By-law.
(d)
All mining, quarrying and other non-railway works (including an oil or gas
well) proposed within 50 metres (164 feet) of a railway right-of-way are
subject to the provisions of the Federal Railway Safety Act and its
regulations.
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With the exception of fences built for agricultural purposes, all development within
the controlled area of a Provincial Road or Provincial Trunk Highway shall require a
permit from the applicable provincial authority.
Existing controlled areas in the Municipality of Boissevain-Morton are shown on
Table 1 below but may be subject to change with updates to the provincial
Controlled Areas and Limited-Access Highways Regulation.
Table 1: Existing Controlled Areas in the Municipality of Boissevain-Morton
CONTROL LINES
Adjacent to Highway
Distance from Right of Way
Edge
PTH 10
76.2 meters (250 feet)
PTH 3
PR 341
PR 343
PR 348
PR 443
PR 448
38.1 metres (125 feet)
CONTROL CIRCLES
Adjacent to Highways
Distance from Intersection
Centre
Intersection of PTH 10 and PTH 3
152.4 meters (500 feet)
Municipality of Boissevain-Morton Zoning By-Law | 14
>-/"#%&E,#%?&'7**$;&,-0&'%<,8%&1"/*)/,$&';/#%3/
(a)
In situations where piped municipal sewage collection and disposal services
are not available, or in situations that may be allowed through other
provisions in this zoning by-law, landowners may be allowed to construct
private sewage disposal systems on their development site in accordance
with all applicable provincial regulatory requirements.
(b)
All onsite wastewater disposal systems must be registered with the
provincial authority having jurisdiction prior to installation by a licensed
installer. It is the responsibility of the landowner to apply for provincial
permits and/or approvals for all private sewage disposal systems.
The provincial authority having jurisdiction should be consulted about permitting or
licensing requirements for private water supplies. In the case of proposed
development that involves the construction or expansion of a public or semi-public
water supply system, the proponent shall be required to obtain approvals from the
provincial authority having jurisdiction prior to the commencement of construction.
C7K$"(&.#"$"#"%/
This by-law shall be interpreted so as not to interfere with the construction, erection
and location of a public utility's works, plant, pipes, cables, or equipment or public
service such as police and fire protection, provided that the requirements of the public
utility or service is of a standard compatible with the adjacent area as determined by a
Designated Officer.
Bulk requirements do not apply to any public utility or associated equipment (such
as poles, transformers, and switching boxes, including electrical substations and
transmission buildings).
All office buildings, warehouse facilities and storage compounds owned or used by any
public utility or public works shall be subject to all of the provisions of this By-law.
>"$&,-0&O,/&IJ*$)?,#")-&,-0&IJ#?,(#")-A '#?7(#7?%/A&,-0&C"*%$"-%/
Oil and gas exploration and extraction activities and pipelines are deemed to be in
compliance with this by-law if they are carried out, constructed and operated in
accordance with federal and provincial law, except for oil batteries, which shall be
subject to the requirements of PART 3: Zones of this By-law.
Municipality of Boissevain-Morton Zoning By-Law | 15
>44&'#?%%#&C,?L"-8&D%P7"?%3%-#/
2.23.1 !"#"$%$&'()*"#+
(a)
Accessory off-street parking spaces shall be provided according to the
minimum number of spaces as required in Table 2. There are no accessory
off-street parking requirements for use categories and uses that are not
included in the table. Parking Management Plans, as provided in section
2.23.2, may be used to justify a lower number of parking spaces than the
minimum shown on the table.
(b)
In the case of a site with multiple uses, the Development Officer shall
calculate the parking required for each individual use and the total shall be
deemed to be the required parking for the site, with the exceptions related
to Parking Management Plans, as provided in section 2.23.2.
(c)
All accessory parking and loading areas and spaces shall be located on the
same site as the use served unless a variation order is approved by Council
for any required parking and/or loading areas or spaces located on a
different site than the use being served.
(d)
In all zones, when any new development is proposed, including a change of
use of existing development, or when any existing development is enlarged
or increased in capacity, then provision shall be made for accessory off-
street parking in accordance with the regulations and standards contained
in this section of the By-law as set out below.
(e)
When the calculation of the number of accessory off-street parking spaces
required by this By-Law results in a fraction of a parking space, any
fraction less than one-half of a parking space should be disregarded, but a
fraction of one-half or more must be counted as one parking space.
Municipality of Boissevain-Morton Zoning By-Law | 16
Table 2: Required Parking Table
Use Category
Minimum Number of Parking Spaces Required
RESIDENTIAL
USES
All Uses - 1 space / dwelling unit
OFFICE AND
RETAIL USES
Inn or Hotel / Short-Term Rental - 1 space / sleeping accommodation
Other Uses - 1 space / 500 sq. ft. of floor area
INDUSTRIAL AND
MANUFACTURING
USES
All Uses - 1 space / 1,000 sq.ft. (92.9 sq.m.) of floor area or 1 space / 5
employees, whichever is greater
PUBLIC AND
INSTITUTIONAL
BUILDINGS
Child Care - 1 space / every 2 employees
Care Home - 1 space / each 2 dwelling or sleeping units
School - 1 space / classroom + 3 additional spaces
Other Uses - 1 space / every 5 persons that can be accommodated at one
time or 1 space / 500 sq. ft. of floor area, whichever is lesser
SECONDARY &
ACCESSORY USES
Bed and Breakfast - 1 space / sleeping accommodation
Home Business / Home Industry - 1 space / non-resident employee
2.23.2 Parking Management Plan
(a) In an application for a Development Permit, Conditional Use, Variance, or
other permit, an applicant may propose a parking management plan
documenting that a lower amount of vehicle parking is adequate to meet
the needs of the proposed site uses because of unique patterns of peak
hour use, the proximity of other public parking areas, the provision of
enhanced bike parking, the demographics of building occupants, or other
factors.
(b) If the municipality concludes that the proposed parking management plan
will provide adequate parking to meet the needs of the proposed site uses
and to prevent traffic or parking congestion on surrounding streets and
public lanes, they may approve the parking management plan and reduce
the amount of required off-street parking.
Municipality of Boissevain-Morton Zoning By-Law | 17
2.23.3 Parking Stall and Aisle Specifications
(a) Off-street parking spaces shall meet the parking stall and aisle
specifications in the Parking Stall and Aisle Specifications Table. If the
proposed spaces are designed at an angle that is not in the table, use the
specifications for the angle that is closest.
(b) Each parking space shall have a vertical clearance of at least seven (7) feet
from the floor or grade.
Table 3: Parking Stall and Aisle Specifications Table
Minimum Stall
Dimensions
Minimum Aisle
Width
Angle
Configuration
Stall
Width
(a)
Stall
Depth
(b)
Two -
Way
(c)
One -
Way
(c)
90°
(Head-In)
2.75 m
(9 ft)
5.5 m
(18 ft)
7.3 m
(24 ft)
7.3 m
(24 ft)
60°
(Angled)
2.75 m
(9 ft)
5.5 m
(18 ft)
7.3 m
(24 ft)
5.5 m
(18 ft)
Municipality of Boissevain-Morton Zoning By-Law | 18
Minimum Stall
Dimensions
Minimum Aisle
Width
Angle
Configuration
Stall
Width
(a)
Stall
Depth
(b)
Two -
Way
(c)
One -
Way
(c)
45°
(Angled)
2.75 m
(9 ft)
5.5 m
(18 ft)
7.3 m
(24 ft)
4.0 m
(13 ft)
0°
(Parallel)
2.75 m
(9 ft)
6.7 m
(22 ft)
7.3 m
(24 ft)
3.7 m
(12 ft)
Municipality of Boissevain-Morton Zoning By-Law | 19
2.23.4 Off-Street Barrier-Free Parking Spaces
(a) Off-street Barrier-Free parking spaces shall be provided according to the
minimum number of spaces specified by the Required Off-Street Barrier-
Free Parking Spaces Table.
(b) Each barrier-free parking space shall have a minimum width of 3.5 meters
(11.5 feet) and a minimum length of 7 meters (23 feet).
(c)
Barrier-free parking spaces shall be located within 61 metres (200 feet) of
the principal building entrance used by residents, employees, or the public,
with at least one curb ramp located in the line of travel between the
principal building entrance and the barrier-free parking space area, where
necessary.
(d) Barrier-free spaces must be clearly marked and reserved for the exclusive
use of people with mobility issues.
Table 4: Required Off-Street Barrier-Free Parking Spaces Table
Number of Off-Street Parking Spaces
on a Zoning Site
Minimum Number of Barrier-Free
Parking Spaces
1 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101+
4 plus 1 for every 50 additional spaces, to
a maximum of 10 spaces
2.23.5 Surface and Maintenance
(a) An off-street parking area and its access driveways shall be surfaced and
drained so that there will be no free flow of water onto public sidewalks or
adjacent properties.
(b) The surface for an off-street parking area in any zone may be constructed
of asphalt, concrete, or permeable paving blocks.
(c)
The surface for an off-street parking area in the Residential Zones may also
be constructed out of gravel, crushed rock or other aggregate material.
Municipality of Boissevain-Morton Zoning By-Law | 20
2.23.6 ;(#024(3"#+&(#0&9%55,)"#+
If a parking lot or accessory parking area abuts a public street, the owner must
screen the perimeter of the parking area from public view. The screening must be:
(a)
A wall, fence, or landscaped hedge a minimum of 1 meter (3 feet) high; OR
(b)
A planting bed a minimum of 2 metres (6 feet) wide, planted with a
minimum of one shrub every 0.75 metres (2.5 feet) and one shade tree
every 7.5 metres (25 feet).
2.23.7 ;(#024(3"#+&56)&;()+,&'()*"#+&1),(2
If a parking lot or accessory parking area is a size of 40 or more parking stalls, it
must provide a planted median a minimum of 2 metres (6 feet) wide, planted with a
minimum of one shrub every 0.75 metres (2.5 feet) and one shade tree every 7.5
metres (25 feet) between every block of 10 stalls (see Figure 1).
Figure 1: Landscaping for Large Parking Areas
5),0"-8&'*,(%/
2.24.1 <,=%"),0&;6(0"#+&/3(4,2
For all buildings and uses involving regular and frequent receiving, shipping, loading or
unloading of persons, animals, goods, wares, merchandise or raw materials, the owner
or operator of the buildings or uses shall provide and maintain on the site adequate
loading and unloading spaces according to the minimum number of spaces as required
in each zone in PART 3: Zones. There are no loading requirements for zones where
tables are not included.
Municipality of Boissevain-Morton Zoning By-Law | 21
2.24.2 ;6(0"#+&/3(4,&/-(#0()02
Required off-street loading space shall meet the following minimum standards:
(a)
It shall have minimum dimensions of 9 metres long (30 feet), 3.5 metres
wide (12 feet) and 4.25 metres (14 feet) vertical clearance.
(b)
It shall be accessed by a driveway at least 20 feet wide contained on the
site and leading to a public street or lane.
(c)
It shall be provided on the same site as the principal building or use but
not in the required front yard or in a required corner side yard.
(d)
It shall be surfaced with asphalt, concrete, paving stones, or other surface
approved by the Officer, so as to prevent the raising of dust or loose
particles.
C,?L"-8&+?%,&I-#?,-(% ,-0 IJ"#/
Vehicle service stations, public parking areas, drive-through establishments, and all
vehicle/equipment sales shall require at least one entrance and one exit for vehicles,
driveways and aisles for the removal of a vehicle without the necessity of moving any
other vehicle. Access to sites for vehicles shall be only by way of entrances and exits
provided in accordance with the following:
Table 5: Parking Area Entrance and Exit Requirements
Parking Area Entrance and Exit Requirements
Minimum Width
/ Distance
Maximum
Width /
Distance
Entrance or exit to a parking area
20 ft.
40 ft.
Combined entrance and exit to a parking area
25 ft.
60 ft.
Distance between any part of an entrance, exit and
the intersection of street site lines or the
intersection of a street site line and a side site line
on a public lane
30 ft.
N/A
Distance between entrances and exits
30 ft.
N/A
Municipality of Boissevain-Morton Zoning By-Law | 22
:)?-%?&Q"/")-&!?",-8$%/
In order to provide for a reasonable measure of traffic safety within all of the
municipality's zones, it is considered important to provide for good visibility conditions
at street intersections, by establishing special open space requirements as follows:
(a)
No building, structure, vehicular parking space, fence, hedge or stockpiling
of materials exceeding a height of three (3) feet above grade shall be
located within an area, approximately triangular in shape, of any site
adjacent to an intersection of two public streets, with the sides of the
triangular area being measured a distance of ten (10) feet along each
property boundary from the point of intersection, as illustrated in Figure 2
below.
Figure 2: Corner Vision Triangle
Municipality of Boissevain-Morton Zoning By-Law | 23
B$,8&5)#/
The creation of new flag lots is prohibited unless:
(a)
The lands proposed for flag lot access are in the Residential (RS), Rural
Residential & Cottage (RC), or Residential Mobile Home (RS-MB) zones;
(b)
A Designated Officer determines that there is no feasible alternative way
to provide access to such lands; and
(c)
The minimum width of the strip of land used to provide driveway access to
the buildable portion of the flag lot is 20 feet (see illustration in Figure 3).
Figure 3: Flag Lot Requirements Diagram
G%?"#,8%&D%/)7?(%/
This by-law shall be interpreted so as not to interfere with the protection of heritage
resources and human remains, provided that the applicable identification and assessment
processes, and any requirements or agreements, are in keeping with provincial heritage
legislation as determined by the appropriate provincial authority.
Municipality of Boissevain-Morton Zoning By-Law | 24
6#(%4
I/#,K$"/="-8&R)-%/
This By-law establishes the following zones to regulate land use in the Municipality of
Boissevain-Morton Development Plan:
Table 6: Established Zones
ZONE GROUPS
ZONES
ABBR.
AGRICULTURAL ZONES
Agricultural General
AG
Agricultural Restricted
AR
RESIDENTIAL ZONES
Rural Residential and Cottage
"#
Residential
"$
Residential Mixed
RSM
Residential Mobile
"$%&'
COMMERCIAL &
INDUSTRIAL ZONES
Commercial Central
CC
Commercial Highway
CH
Industrial General
&(
PUBLIC INSTITUTIONAL &
NATURAL ZONES
Parks, Recreation and Institutional
PRI
Natural Protection
)*
Municipality of Boissevain-Morton Zoning By-Law | 25
R)-% 6)7-0,?"%/
The zones established in Table 6 (above) shall apply within the boundaries of the
zones shown on the maps in Schedule "A" of this by-law and the following rules of
interpretation shall apply in all zones:
(a)
Boundaries indicated as approximately following the centre-lines of streets,
lanes, highways, rivers, or railway or public utility lines or rights-of-way
shall follow such lines;
(b)
Boundaries indicated as approximately following parcel limits as shown on
a registered plan or by reference to the Dominion Government Survey shall
follow such limits; and
(c)
Boundaries indicated by distances indicated on the maps in Schedule "A"
of this by-law shall follow such limits.
C%?3"##%0 ,-0&:)-0"#")-,$&./%/
The permitted, conditional and accessory uses prescribed for parcels within each zone
are those set out in the Use Tables of PART 3 of this By-law as follows:
(a)
Permitted uses are indicated with the letter [P].
(b)
Conditional uses are indicated with the letter [C].
(c)
Where a use is not listed and is not similar to, or accessory to, a permitted
or conditional use, the use is not allowed in the zone.
./%&,-0&67$L&D%87$,#")-/
No land, building or structure shall be used or occupied, and no building or structure
shall be constructed, erected, altered, enlarged, or placed, except in accordance with
the use and bulk requirements described in the Use and Bulk Regulations Tables of
this PART or elsewhere in this by-law.
+00"#")-,$&D%P7"?%3%-#/&4)?&'*%("4"(&./%/&"-&1"44%?%-#&R)-%/
Regardless of whether a use is allowed as a permitted use or a conditional use, and
regardless of the zone in which the use is located, additional standards for specific
uses may apply and are set out in PART 4 of this By-law and must be met, except as
may otherwise be provided for in this By-law through a Conditional Use or Variance
Order.
Municipality of Boissevain-Morton Zoning By-Law | 26
+8?"(7$#7?,$&R)-%/
3.6.1
>#-,#-&65&?6#,2
"AG" Agricultural General Zone
The "AG" Agricultural General Zone is intended to support the agricultural industry in
the Municipality and to provide flexibility and opportunity for farm operators to engage
in a variety and range of farming practices, while allowing for a limited amount of non-
agricultural uses, provided the primary use of the land is agriculture.
"AR" Agricultural Restricted Zone
The "AR" Agricultural Restricted Zone is intended to provide for agricultural uses
similar to those allowed in the Agriculture General zone. However, due to the
proximity to the Boissevain urban area, Turtle Mountain Provincial Park, and public
wells and other drinking water sources, there are restrictions placed on livestock
operations and other development that is intensive or has a high pollution risk.
3.6.2
1+)"4%.-%)(.&@2,&A(B.,
Table 7: Agricultural Use Table
Zone Abbreviations
AG
AR
Bulk
Standard
Size
Use-
Specific
Standard
AGRICULTURAL AND ANIMAL-RELATED USES
Agriculture, General
P
P
Large
Agriculture, Specialized
P
P
Small
4.1.1
Agro-Industrial Business
C
C
Small
Agricultural Equipment Sales and Service
C
C
Small
Animal Keeping or Stables
P
P
Small
4.1.2
Apiary (Beekeeping)
P
P
Small
4.1.3
Cannabis Cultivation and Processing Facility
C
Small
Livestock Operation (10 to 299 Animal Units)
P
C
Large
4.1.4
Municipality of Boissevain-Morton Zoning By-Law | 27
Zone Abbreviations
AG
AR
Bulk
Standard
Size
Use-
Specific
Standard
Livestock Operation (300 or more Animal Units)
C
C
Large
4.1.4
Pet Shelter or Sales
C
C
Small
Veterinary Clinic
C
C
Small
RESIDENTIAL USES
Dwelling, Single-Unit
P
P
Small
4.2.1
Mobile Home
P
P
Small
4.2.5
Tiny Home
P
P
Small
4.2.5
Secondary Suite
C*
C*
Small
4.2.7
OFFICE AND RETAIL USES
Brewery / Distillery / Winery
C*
C*
Small
INDUSTRIAL AND MANUFACTURING USES
Hazardous Materials or Agrichemical Storage
Facility
C
Large
4.4.3
Oil Battery
C
Small
Resource Harvesting and Extraction
C
Small
4.4.5
Wrecking and Salvage Yard
C
Small
PUBLIC AND INSTITUTIONAL BUILDINGS
Arts and Cultural Establishment
C*
C*
Small
Public Works Building
C
C
Small
PUBLIC AND INSTITUTIONAL OUTDOOR USES
Cemetery
C
C
Small
4.6.2
Municipality of Boissevain-Morton Zoning By-Law | 28
Zone Abbreviations
AG
AR
Bulk
Standard
Size
Use-
Specific
Standard
Outdoor Event Space
C
C
Small
Park
C
C
Small
4.6.3
Public Utility
P
P
N/A
2.21
Recreation Facility (Outdoor)
C
C
Small
Solid Waste Disposal or Composting Site
C
Large
2.17
Wastewater Treatment Site (Sewage Lagoon)
C
C
Large
2.17
Wildlife Management or Conservation Area
P
P
Small
ONLY AS SECONDARY OR ACCESSORY USES
Accessory uses, buildings and structures
P
P
N/A
2.5
Airfield or Landing Strip
C
N/A
4.7.1
Bed and Breakfast
P
P
N/A
4.7.2
Carport
P
P
N/A
Home Industry
C
C
N/A
4.7.3
Home Occupation
P
P
N/A
4.7.4
Outdoor Pool or Hot Tub
P
P
N/A
4.7.5
Pole Shed or Fabric Building
P
P
N/A
4.7.6
Shipping Container (Accessory)
P
P
N/A
4.7.7
Short-Term Rental
P
P
N/A
4.7.8
Sign, Accessory
P
P
N/A
4.7.9
Sign, Advertising or Billboard
P/C
P/C
N/A
4.7.10
Solar Collector (Ground Mounted)
C
C
N/A
4.7.11
Municipality of Boissevain-Morton Zoning By-Law | 29
Zone Abbreviations
AG
AR
Bulk
Standard
Size
Use-
Specific
Standard
Solar Collector (Roof-top or Wall-Mounted)
P
P
N/A
4.7.11
Telecommunications Tower (Accessory)
P
P
N/A
4.7.12
Temporary Building or Use
P
P
N/A
4.7.13
Wind Energy Generating System (Commercial)
C
C
N/A
4.7.14
Wind Energy Generating System (On-Site /
Rooftop)
P
P
N/A
4.7.15
P = Permitted Use | C = Conditional Use | * Only as a secondary use
3.6.3
Agricultural Bulk Table
The tables below set forth the bulk requirements for principal and accessory uses,
buildings and structures within the indicated zone, according to the bulk standard size
indicated on the Use Table above (e.g. small uses indicated on the use table must
meet the standards for small principal uses in the bulk table.
Where a secondary use takes place on a site within a principal building, the
standards from the Principal Uses and Buildings Table shall apply. Where a secondary
use takes place within a building or structure on site other than the principal
building, that building or structure shall conform to the standards for accessory
structures.
A dash (-) indicates that a minimum or maximum restriction does not apply in the
specific instance.
Municipality of Boissevain-Morton Zoning By-Law | 30
Agricultural Zones Bulk Standards
Table 8: Agricultural Bulk Table
AG/AR
Bulk Standard Size
Min. Site
Area (ac)
Min. Site
Width (ft)
Min. Front
Yard (ft)
Min. Side
Yard (ft)
Min. Rear
Yard (ft)
Max. Height
(ft)
Small
2 ac.
200
125
25
25
35
Large
80 ac.
600
125
25
25
35
Accessory Structures
-
-
Behind
principal
15
15
-
Municipality of Boissevain-Morton Zoning By-Law | 31
3.6.4
CD3.(#(-"6#2&(#0&CD4,3-"6#2
(a)
There shall be a maximum of one dwelling unit per site or land parcel in the
agricultural zones except for the following, in which case one additional
dwelling unit per site may be allowed:
A farm dwelling unit, which is required for family members or
employees who are actively involved in the agricultural operation;
A secondary suite as provided for in this by-law.
(b)
The site areas in the Agriculture General (AG) and Agricultural Restricted
(AR) zones reflect the policies in the Development Plan. This By-law sets
the minimum site area at 80 acres for agricultural activities, with an
exception for other uses that may utilize smaller site sizes (based on
policies in the Provincial Planning Regulation and the Development Plan).
(c)
Where an accessory building is attached to a principal building, it shall
conform to all regulations of this By-law applicable to the principal building.
(d)
No detached accessory building shall be located closer than six (6) feet
to any principal building on the site.
(e)
New uses that are identified as Conditional Uses in Table 7 under the office
and retail, industrial and manufacturing, public and institutional buildings,
and public and institutional outdoor use categories shall generally be
directed to existing urban settlement centers; however, they may be
allowed in the Agricultural Zones if Council is satisfied that no suitable site
is available in an existing urban community and the use serves the rural
agricultural community.
(f)
No substantial stockpiling of materials, such as soil, gravel, bales or
cordwood shall be located within the required front yard in an agricultural
zone.
(g)
Accessory off-street parking spaces shall be provided according to the
minimum number of spaces as calculated by the Required Parking Table
and the standards provided in this zoning by-law.
(h)
Where a site abuts a highway under provincial jurisdiction, the owner shall
obtain all permits required for setbacks of buildings and structures from the
provincial authority having jurisdiction.
Municipality of Boissevain-Morton Zoning By-Law | 32
3.6.5
:,#4,2&E 1+)"4%.-%)(. ?6#,2
(a)
Fences are permitted accessory uses in all required yards and can be
placed up to the property line, except as required for a corner vision
triangle.
(b)
In all agricultural zones, electric, barbed wire and wooden rail fences of a
type not obstructing views of road traffic shall be permitted within the
limits of the parcel on which they are located.
(c)
Shall not be higher than 8 feet in all yards, as shown in Figure 4.
Figure 4: Maximum Fence Height: Agricultural Zones
Maximum Fence Height - Agricultural Zones
AG
AR
Portion of the Fence that Extends Beyond the Front of the Principal Building
! #$
%&'("
)*
! #$
%&'("
)*
Portion of the Fence that Does Not Extend Beyond the Front of the Principal
Building
! #$
%&'("
)*
! #$
%&'("
)*
8
Municipality of Boissevain-Morton Zoning By-Law | 33
D%/"0%-#",$&R)-%/
3.7.1
>#-,#-&65&?6#,2
"RS" - Residential
The "RS" Residential zone is intended for mostly lower-density residential dwellings
within the community of Boissevain. This zone provides for a variety of housing types
and affordability levels to accommodate a range of income levels, the ability to age in
place and serve diverse market demands.
"RSM" - Residential Mixed
The "RSM" Residential Mixed zone is intended to provide areas in the community
of Boissevain to accommodate higher-density residential and mixed-use development.
This zone provides for a variety of housing types and affordability levels to
accommodate a range of income levels, the ability to age in place, and serve diverse
market demands.
"RS-MB" - Residential Mobile
The "RS-MB" Residential Mobile zone is intended for areas within the community of
Boissevain where mobile home and other alternative housing forms, such as tiny
homes, may be situated.
"RC" - Rural Residential & Cottage
This zone is intended for rural residential and cottage developments located outside of
urban centres. Rural residential and cottage development will be located and designed
to preserve the natural or agrarian character of the area. These lots generally rely on
onsite water and wastewater infrastructure. Year-round residential uses may be
accommodated within this zone.
Municipality of Boissevain-Morton Zoning By-Law | 34
3.7.2
Residential Use Table
Table 9: Residential Use Table
Zone Abbreviations
RS
RSM
RS-
MB
RC
Bulk
Standard
Size
Use-
Specific
Standard
AGRICULTURAL AND ANIMAL-
RELATED USES
Animal Keeping or Stables
C
Small
4.1.2
Apiary (Beekeeping)
C
Small
4.1.3
RESIDENTIAL USES
Dwelling, Single-Unit
P
C
P
Small
4.2.1
Dwelling, Two-Unit
P
P
Medium
4.2.2
Dwelling, Multi-Unit
P
P
Large
4.2.3
Live-Work Unit
P
Small
4.2.4
Mobile Home
C
P
C
Small
4.2.5
Mobile Home Park
P
Large
4.2.6
Tiny Home
P
P
C
Small
4.2.5
Tiny Home Pocket Neighbourhood
C
P
C
Large
4.2.6
Secondary Suite
P
P
Small
4.2.7
OFFICE AND RETAIL USES
Food / Beverage Service Establishment
C
C
Small
Indoor Amusement or Fitness Centre
C
Small
Inn or Hotel
C
C
Medium
Office
C
Small
Personal Services
C
Small
Municipality of Boissevain-Morton Zoning By-Law | 35
Zone Abbreviations
RS
RSM
RS-
MB
RC
Bulk
Standard
Size
Use-
Specific
Standard
Retail (Small)
C
C
Small
PUBLIC AND INSTITUTIONAL
BUILDINGS
Arts and Cultural Establishment
C
C
Small
Assisted Living Facility
C
Large
Care Home
C
P
Medium
4.5.1
Child Care, Home
P
P
P
Small
4.5.2
Child Care Facility
C
Large
4.5.3
Community Centre or Hall
C
C
C
C
Small
Emergency Services Station
C
C
Medium
Place of Worship
P
C
Medium
School
P
P
P
Large
PUBLIC AND INSTITUTIONAL
OUTDOOR USES
Campground
C
Medium
4.6.1
Marina or Public Docks
C
Large
Park
P
P
P
P
Small
4.6.3
Public Utility
P
P
P
P
N/A
2.21
ONLY AS SECONDARY OR
ACCESSORY USES
Accessory uses, buildings and structures
P
P
P
P
N/A
2.5
Airfield or Landing Strip
N/A
4.7.1
Municipality of Boissevain-Morton Zoning By-Law | 36
Zone Abbreviations
RS
RSM
RS-
MB
RC
Bulk
Standard
Size
Use-
Specific
Standard
Bed and Breakfast
P
P
P
P
N/A
4.7.2
Carport
P
N/A
Home Industry
C
N/A
4.7.3
Home Occupation
P
C
P
P
N/A
4.7.4
Outdoor Pool or Hot Tub
P
P
P
P
N/A
4.7.5
Pole Shed or Fabric Building
P
P
P
P
N/A
4.7.6
Shipping Container (Accessory)
N/A
4.7.7
Short-Term Rental
P
P
P
P
N/A
4.7.8
Sign, Accessory
P
P
P
P
N/A
4.7.9
Solar Collector (Ground Mounted)
C
C
N/A
4.7.11
Solar Collector (Roof-top or Wall-
Mounted)
P
P
P
P
N/A
4.7.11
Telecommunications Tower (Accessory)
P
P
P
P
N/A
4.7.12
Temporary Building or Use
P
P
P
P
N/A
4.7.13
Wind Energy Generating System (On-
Site / Rooftop)
C
P
N/A
4.7.15
P = Permitted Use | C = Conditional Use | * Only as a secondary use
Municipality of Boissevain-Morton Zoning By-Law | 37
3.7.3
Residential Bulk Tables
The tables on the following page set forth the bulk requirements for principal and
accessory uses, buildings and structures within the indicated zone, according to the
bulk standard size indicated on the Use Table above (e.g. small uses indicated on the
use table must meet the standards for small principal uses in the bulk table.
Where a secondary use takes place on a site within a principal building, the
standards from the Principal Uses and Buildings Table shall apply. Where a secondary
use takes place within a building or structure on site other than the principal
building, that building or structure shall conform to the standards for accessory
structures.
A dash (-) indicates that a minimum or maximum restriction does not apply in the
specific instance.
Municipality of Boissevain-Morton Zoning By-Law | 38
RS - Residential Zone (Small - medium standards shown)
Table 10: RS - Residential Bulk Table
RS
Bulk Standard
Size
Min.
Site
Area
(sq. ft)
Min. Site
Width (ft)
Min. Front
Yard (ft)
Min. Side
Yard (ft)
Min. Rear
Yard (ft)
Max.
Height (ft)
Max. Site
Coverage
Small
4,000
35
15
5
25
30
50%
Medium
6,000
50
15
5
25
30
50%
Large
10,000
60
15
15
25
30
50%
Unserviced
2 acres
200
125
30
25
35
40%
Accessory
Structures
-
-
Behind
principal
3
2
-
10%
Municipality of Boissevain-Morton Zoning By-Law | 39
RSM - Residential Mixed Zone (Large standard shown)
Table 11: RSM - Residential Mixed Bulk Table
RSM
Bulk Standard
Size
Min.
Site
Area
(sq. ft)
Min. Site
Width (ft)
Min. Front
Yard (ft)
Min. Side
Yard (ft)
Min. Rear
Yard (ft)
Max.
Height (ft)
Max. Site
Coverage
Small
6,000
50
15
5
25
30
80%
Medium
6,000
50
15
5
25
35
80%
Large
10,000
100
15
15
25
35
80%
Unserviced
2 acres
200
125
30
25
35
40%
Accessory
Structures
-
-
Behind
principal
3
2
-
10%
Municipality of Boissevain-Morton Zoning By-Law | 40
RS-MB - Residential Mobile Zone (Small standard shown)
Table 12: RS-MB - Residential Mobile Bulk Table
RS-MB
Bulk Standard
Size
Min.
Site
Area
(sq. ft)
Min. Site
Width (ft)
Min. Front
Yard (ft)
Min. Side
Yard (ft)
Min. Rear
Yard (ft)
Max.
Height (ft)
Max. Site
Coverage
Small
4,000
40
20
4
10
30
40%
Large
2 acres
200
20
30
10
30
40%
Unserviced
2 acres
200
125
30
25
35
40%
Accessory
Structures
-
-
Behind
principal
3
2
-
10%
Municipality of Boissevain-Morton Zoning By-Law | 41
RC - Rural Residential & Cottage Zone (Small - medium standards shown)
Table 13: RC - Rural Residential & Cottage Bulk Table
RC
Bulk Standard
Size
Min.
Site
Area
(sq. ft)
Min. Site
Width (ft)
Min. Front
Yard (ft)
Min. Side
Yard (ft)
Min. Rear
Yard (ft)
Max.
Height (ft)
Max. Site
Coverage
Small
15,250
sq. ft.
100
25
10
25
30
40%
Medium
1 acre
200
25
10
25
30
40%
Large
2 acres
200
25
30
25
30
40%
Unserviced
2 acres
200
125
30
25
35
40%
Accessory
Structures
-
-
Behind
principal
6
25
-
10%
Municipality of Boissevain-Morton Zoning By-Law | 42
3.7.4
Explanations and Exceptions
(a) With the exceptions of a Secondary Suite, Mobile Home Park or Tiny Home
Pocket Neighbourhood, no person may erect more than one principal
building on any zoning lot or registered space in the Residential Zones.
(b) Where the width of a lot is 45 feet or less and meets the minimum site
area in the bulk table, the side yards for all non-corner yards may be
reduced to 10% of the width of the lot but must not be less than 3 feet (or
2 feet on one side of the lot and 4 feet on the other side).
(c)
When a dwelling is located on a corner site, the minimum required side
yard on the street side shall be at least 12 feet, unless the standard in the
table is higher.
(d) Where a use in the residential zones produces wastewater and the site is
not connected to municipal wastewater services, the site must instead use
the standards in the "unserviced" row in the use table, with a minimum site
area of 2 acres and comply with the requirements in Section 2.20.
(e) Detached accessory buildings and structures shall be located to the rear
of the front wall of the principal building, with the exception of those
structures identified as permitted projections in this zoning by-law.
(f)
No detached accessory building shall be located closer than six (6) feet
to any principal building on the same site or any adjoining site.
(g) Accessory off-street parking spaces shall be provided according to the
minimum number of spaces as calculated by the Required Parking Table
and the standards provided in this zoning by-law, unless otherwise
specified in a use specific standard.
(h) Where a site abuts a highway under provincial jurisdiction, the owner shall
obtain all permits required for setbacks of buildings and structures from the
provincial authority having jurisdiction.
(i)
Where a new residential principal building or an addition to a principal
building is proposed within a street block where at least 80 percent of the
lots have been developed with principal structures, and the front yard
required by the Bulk Standard Tables in this zoning by-law is inconsistent
with the majority of existing front yards for developed sites on the street
block, the new structure must be developed with a front yard consistent
with the average of the existing front yards within that block (see
diagram). In the case of a corner lot, either the average of the setback for
the two nearest properties on the same block or for all the properties
facing the same street on the same block may be used for calculating the
allowed setback.
Municipality of Boissevain-Morton Zoning By-Law | 43
?&*+<,'&3%(#"*2%%*#"*+)(+2(&#@'+92+0
3.7.5
:,#4,2&"#&<,2"0,#-"(.&?6#,2
(a)
In residential zones, fences are permitted accessory uses in all required
yards and can be placed up to the property line, except as required for a
corner vision triangle.
(b)
As shown in Figure 5, in residential zones, fences shall not be higher than
3.0 feet (0.91m) in a required front yard an
6.0 feet (1.82m) in a required side or rear yard.
(c)
Fences in Residential Zones shall not:
Be electrified.
Contain barbed wire, scrap metal or industrial waste material.
(d)
Outdoor storage of materials shall only be in side and/or rear yards and
shall not project above the height of side or rear yard fences (where they
exist or are proposed) except for recreation vehicles.
(e)
In order to address safety concerns, the height of any fence, wall, retaining
wall or shrubs which impedes the vision of pedestrians or drivers may be
restricted by the Designated Officer.
Municipality of Boissevain-Morton Zoning By-Law | 44
Figure 5: Maximum Fence Height: Residential Uses
Maximum Fence Height - Residential Zones
RS
RSM
RS-
MB
RC
Portion of the Fence that Extends Beyond the Front of the
Principal Building
3 ft
(1 m)
3 ft
(1 m)
3 ft
(1 m)
3 ft
(1 m)
Portion of the Fence that Does Not Extend Beyond the
Front of the Principal Building
6 ft
(2 m)
6 ft
(2 m)
6 ft
(2 m)
6 ft
(2 m)
Municipality of Boissevain-Morton Zoning By-Law | 45
:)33%?(",$&S&T-07/#?",$&R)-%/
3.8.1
>#-,#-&65&?6#,2
"CC" - Commercial Central Zone
The "CC" - Commercial Central zone is intended to provide areas in the centralized
part of urban settlement centres for street-level commercial retail and other
compatible uses such as office, personal service, dining and entrainment, indoor
recreation facilities, and mixed-use developments. This zone also supports the
rehabilitation and re-use of existing buildings, along with the preservation of heritage
resources and significant structures.
"CH" - Commercial Highway Zone
The "CH" - Commercial Highway zone is intended for a range of commercial and
related uses that serve the needs of the travelling public that are most appropriately
located on major highways on the edge of urban settlement centres.
"MG" - Industrial General Zone
The "MG" - Industrial General Zone is intended to provide areas in urban
settlement centres for a variety of manufacturing, processing, storage and
transportation industries.
3.8.2
F6$$,)4"(.&G&>#0%2-)"(. @2,&A(B.,
Table 14: Commercial & Industrial Use Table
Zone Abbreviations
CC
CH
MG
Bulk
Standard
Size
Use-
Specific
Standard
AGRICULTURAL AND ANIMAL-RELATED USES
Agro-Industrial Business
C
P
Small
Agricultural Equipment Sales and Service
P
P
Small
Apiary (Beekeeping)
C
Small
4.1.3
Cannabis Cultivation and Processing Facility
C
Small
Municipality of Boissevain-Morton Zoning By-Law | 46
Zone Abbreviations
CC
CH
MG
Bulk
Standard
Size
Use-
Specific
Standard
Pet Shelter or Sales
C
Small
Veterinary Clinic
C
P
P
Small
RESIDENTIAL USES
Dwelling, Multi-Unit
P
Large
4.2.3
Live-Work Unit
P
C
Small
4.2.4
OFFICE AND RETAIL USES
Brewery / Distillery / Winery
P
P
P
Small
Cannabis Retail Establishment
C
C
Small
4.3.1
Casino or Gaming Establishment
C
C
C
Small
Drive-Through Establishment
C
C
C
Small
4.3.2
Food / Beverage Service Establishment
P
P
C
Small
Gas Station
C
P
Small
4.3.3
Indoor Amusement or Fitness Centre
P
P
C
Small
Inn or Hotel
P
P
Medium
Media Studio
C
C
C
Small
Office
P
P
P
Small
Parking Lot, Non-Accessory
C
C
Small
4.3.4
Personal Services
P
P
C
Small
Retail (Small)
P
P
C
Small
Retail (Large)
C
P
C
Large
Towing and Storage Compound
C
P
Large
Municipality of Boissevain-Morton Zoning By-Law | 47
Zone Abbreviations
CC
CH
MG
Bulk
Standard
Size
Use-
Specific
Standard
Vehicle Sales and Service
C
P
P
Large
4.3.5
INDUSTRIAL AND MANUFACTURING USES
Batch Plant or Chemical Manufacturing
C
Large
4.4.1
Bulk Fuel and Propane Sales and Service
C
C
Large
4.4.2
Building or Contracting Establishment
C
P
P
Medium
Freight Terminal
C
P
Large
General Manufacturing
C
C
P
Medium
Hazardous Materials or Agrichemical Storage
Facility
C
C
Large
4.4.3
Industrial Service Shop
C
P
Medium
Lumber Yard
P
P
P
Medium
4.4.4
Warehouse or Self-Storage Facility
C
P
P
Medium
Wrecking and Salvage Yard
C
Large
PUBLIC AND INSTITUTIONAL BUILDINGS
Arts and Cultural Establishment
P
P
Small
Assisted Living Facility
P
Large
Child Care, Home
P
Small
4.5.2
Child Care Facility
P
Large
4.5.3
Community Centre or Hall
P
P
C
Small
Crematorium
C
C
Medium
Emergency Services Station
P
P
P
Medium
Municipality of Boissevain-Morton Zoning By-Law | 48
Zone Abbreviations
CC
CH
MG
Bulk
Standard
Size
Use-
Specific
Standard
Healthcare Facility
P
Medium
Place of Worship
P
C
C
Medium
Public Works Building
P
P
P
Small
Recreation Facility (Indoor)
P
P
C
Small
PUBLIC AND INSTITUTIONAL OUTDOOR USES
Campground
C
Medium
4.6.1
Outdoor Event Space
C
Small
Park
P
P
Small
4.6.3
Public Utility
P
P
P
N/A
2.21
Recreation Facility (Outdoor)
C
Small
Solid Waste Disposal or Composting Site
C
C
Large
2.17
ONLY AS SECONDARY OR ACCESSORY USES
Accessory uses, buildings and structures
P
P
P
N/A
2.5
Home Occupation
P
N/A
4.7.4
Outdoor Pool or Hot Tub
P
P
N/A
4.7.5
Pole Shed or Fabric Building
P
P
N/A
4.7.6
Shipping Container (Accessory)
C
C
P
N/A
4.7.7
Short-Term Rental
P
N/A
4.7.8
Sign, Accessory
P
P
P
N/A
4.7.9
Sign, Advertising or Billboard
C
C
C
N/A
4.7.10
Solar Collector (Ground Mounted)
C
P
N/A
4.7.11
Municipality of Boissevain-Morton Zoning By-Law | 49
Zone Abbreviations
CC
CH
MG
Bulk
Standard
Size
Use-
Specific
Standard
Solar Collector (Roof-top or Wall-Mounted)
P
P
P
N/A
4.7.11
Telecommunications Tower (Accessory)
P
P
P
N/A
4.7.12
Temporary Building or Use
P
P
P
N/A
4.7.13
Wind Energy Generating System (On-Site /
Rooftop)
C
P
P
N/A
4.7.15
P = Permitted Use | C = Conditional Use | * Only as a secondary use
3.8.3
Commercial & Industrial Bulk Tables
The tables below set forth the bulk requirements for principal and accessory uses,
buildings and structures within the indicated zone, according to the bulk standard size
indicated on the Use Table above (e.g. small uses indicated on the use table must
meet the standards for small principal uses in the bulk table.
Where a secondary use takes place on a site within a principal building, the
standards from the Principal Uses and Buildings Table shall apply. Where a secondary
use takes place within a building or structure on site other than the principal
building, that building or structure shall conform to the standards for accessory
structures.
A dash (-) indicates that a minimum or maximum restriction does not apply in the
specific instance.
Municipality of Boissevain-Morton Zoning By-Law | 50
CC - Commercial Central Zone (Small standards shown)
Table 15: CC - Commercial Central Bulk Table
CC
Bulk Standard Size
Min. Site
Area (sq.
ft)
Min. Site
Width (ft)
Min. Front Yard
/ Max. Front
Yard (ft)
Min.
Side
Yard (ft)
Min.
Rear
Yard (ft)
Max.
Height
(ft)
Max. Site
Coverage
Small
2,500
25
0 / 10
0
20
35
80%
Medium
5,000
50
5
5
25
35
80%
Large
15,000
100
15
10
20
35
80%
Accessory
Structures
-
-
Behind principal
2
5
35
10%
Municipality of Boissevain-Morton Zoning By-Law | 51
CH - Commercial Highway Zone (Small standards shown)
Table 16: CH - Commercial Highway Bulk Table
CH
Bulk Standard Size
Min. Site
Area (sq.
ft)
Min. Site
Width (ft)
Min. Front Yard
/ Max. Front
Yard (ft)
Min.
Side
Yard (ft)
Min.
Rear
Yard (ft)
Max.
Height
(ft)
Max. Site
Coverage
Small
5,000
40
10
20
20
35
60%
Medium
15,000
75
25
20
20
35
60%
Large
20,000
100
25
20
20
35
60%
Unserviced
2 acres
200
125
30
25
35
60%
Accessory
Structures
-
-
Behind principal
2
5
35
10%
Municipality of Boissevain-Morton Zoning By-Law | 52
MG - Manufacturing General Zone (Small - Medium standards shown)
Table 17: MG - Industrial General Bulk Table
MG
Bulk Standard Size
Min. Site
Area (sq.
ft)
Min. Site
Width (ft)
Min. Front Yard
/ Max. Front
Yard (ft)
Min.
Side
Yard (ft)
Min.
Rear
Yard (ft)
Max.
Height
(ft)
Max. Site
Coverage
Small
10,000
100
20
20
20
35
75%
Medium
20,000
100
20
20
20
35
75%
Large
40,000
150
25
20
25
35
75%
Unserviced
2 acres
200
125
30
25
35
75%
Accessory
Structures
-
-
Behind principal
3
3
35
10%
Municipality of Boissevain-Morton Zoning By-Law | 53
3.8.4
CD3.(#(-"6#2&(#0&CD4,3-"6#2
(a)
More than one (1) principal building may be located on one (1) zoning
site in the Commercial and Industrial Zones, provided that the yard
requirements for each building are fulfilled without overlap with other
yards. In the event of a conflict between requirements pertaining to each
use or building, the higher or more stringent requirement shall prevail and
shall be satisfied.
(b)
A multiple-unit principal building shall be considered one (1) building for
the purposes of establishing yard requirements. The principal use category
will be used to determine the yard requirements.
(c)
Where a Commercial or Industrial site line abuts a site in any Residential
Zone or the Parks, Recreation, and Institutional Zone:
All such site lines shall be provided with a compact hedge, row of
shrubbery or solid fence built to the maximum fence height
established in this section, maintained at all times; and
The side site line on the street side of a corner site shall have the
required side yard increased to twenty-five (25) feet.
(d)
Where a use in the commercial zones produces wastewater and the site is
not connected to municipal wastewater services, the site must instead use
the standards in the "unserviced" row in the use table, with a minimum site
area of 2 acres and comply with the requirements in Section 2.20.
(e)
Detached accessory buildings and structures shall be located to the rear
of the front wall of the principal building, with the exception of those
structures identified as permitted projections in this zoning by-law.
(f)
In the CC - Commercial Central zone, accessory parking shall not be
located in front of a principal building and must be located to the rear or
side of the building.
(g)
No detached accessory building shall be located closer than six (6) feet
to any principal building on the same site or any adjoining site.
(h)
Accessory off-street parking spaces shall be provided according to the
minimum number of spaces as calculated by the Required Parking Table
and the standards provided in this zoning by-law, unless otherwise
specified in a use specific standard.
(i)
Where a site abuts a highway under provincial jurisdiction, the owner shall
obtain all permits required for setbacks of buildings and structures from the
provincial authority having jurisdiction.
Municipality of Boissevain-Morton Zoning By-Law | 54
3.8.5
:,#4,2
(a)
Fences are permitted accessory uses in all required yards and can be
placed up to the property line, except as required for a corner vision
triangle.
(b)
Fences shall not:
Be electrified or contain scrap metal or industrial waste material.
Contain barbed wire, except as an accessory to a permitted
industrial use in the Highway Commercial or Manufacturing General
zones.
(c)
In order to address safety concerns, the height of any fence, wall, retaining
wall or shrubs which impedes the vision of pedestrians or drivers may be
restricted.
(d)
No fence shall exceed the heights on the "Maximum Fence Height" table
below unless it is located a minimum of 10 feet back from the site lines, in
which case a Designated Officer may permit the property owner to erect
a fence taller than the specified maximum height.
(e)
Outdoor storage shall be allowed to project above the height of the front,
side and rear yard fencing but only in the "MG" and "CH" zones.
Municipality of Boissevain-Morton Zoning By-Law | 55
6FGH6I6#J?K=?#B?HDBLM =N66?!=HF8#FK@#HK@I"L!HF8 -NK?"
Figure 6: Maximum Fence Height: Other Uses
CC
CH
MG
Portion of the Fence that Extends Beyond the Front of the
Principal Building
( #$
%,'&& )*
( #$
%,'&& )*
( #$
%,'&& )*
Portion of the Fence that Does Not Extend Beyond the Front of
the Principal Building
!"#$"
%&'((")*
!"#$"
%&'((")*
!"#$"
%&'((")*
Municipality of Boissevain-Morton Zoning By-Law | 56
C7K$"(&T-/#"#7#")-,$&S&F,#7?,$&R)-%/
3.9.1
>#-,#-&65&?6#,2
"PRI" - Parks, Recreation & Institutional Zone
The "PRI" - Parks, Recreation & Institutional Zone is intended to provide
sufficient land in suitable areas in the Municipality to accommodate educational,
institutional, public recreational and public reserve uses.
"NP" - Natural Protection
The "NP" - Natural Protection zone is intended to preserve sensitive land, land
capable of supporting wildlife, scenic areas, and other natural areas.
3.9.2
'%B."4&>#2-"-%-"6#(.&G&H(-%)(.&@2,&A(B.,
Table 18: Public Institutional & Natural Use Table
Zone Abbreviations
PRI
NP
Bulk
Standard
Size
Use-
Specific
Standard
AGRICULTURAL AND ANIMAL-RELATED USES
Agriculture, General
P
Large
Agriculture, Specialized
P
Small
Apiary (Beekeeping)
C
P
Small
4.1.3
OFFICE AND RETAIL USES
Casino or Gaming Establishment
C
Small
Food / Beverage Service Establishment
P
Small
Parking Lot, Non-Accessory
P
Small
4.3.4
Retail (Small)
P
Small
PUBLIC AND INSTITUTIONAL BUILDINGS
Municipality of Boissevain-Morton Zoning By-Law | 57
Arts and Cultural Establishment
P
Small
Assisted Living Facility
P
Large
Care Home
P
Medium
4.5.1
Child Care Facility
C
Large
4.5.3
Community Centre or Hall
P
Small
Emergency Services Station
P
Medium
Healthcare Facility
P
Medium
Place of Worship
P
Medium
Public Works Building
P
Small
Recreation Facility (Indoor)
P
Small
School
P
Large
PUBLIC AND INSTITUTIONAL OUTDOOR USES
Campground
P
Medium
4.6.1
Cemetery
C
Large
4.6.2
Golf Course
C
Medium
Marina or Public Docks
P
Large
Outdoor Event Space
P
Small
Park
P
P
Small
4.6.3
Public Utility
P
P
N/A
2.21
Recreation Facility (Outdoor)
P
Small
Solid Waste Disposal or Composting Site
C
Large
2.17
Wastewater Treatment Site (Sewage Lagoon)
C
Large
2.17
Wildlife Management or Conservation Area
P
P
Small
Municipality of Boissevain-Morton Zoning By-Law | 58
ONLY AS SECONDARY OR ACCESSORY USES
Accessory uses, buildings and structures
P
P
N/A
2.5
Airfield or Landing Strip
C
N/A
4.7.1
Outdoor Pool or Hot Tub
P
N/A
4.7.5
Pole Shed or Fabric Building
P
N/A
4.7.6
Shipping Container (Accessory)
C
N/A
4.7.7
Short-Term Rental
P
N/A
4.7.8
Sign, Accessory
P
P
N/A
4.7.9
Solar Collector (Ground Mounted)
P
N/A
4.7.11
Solar Collector (Roof-top or Wall-Mounted)
P
N/A
4.7.11
Telecommunications Tower (Accessory)
P
P
N/A
4.7.12
Temporary Building or Use
P
P
N/A
4.7.13
Wind Energy Generating System (Commercial)
C
N/A
4.7.14
Wind Energy Generating System (On-Site /
Rooftop)
P
N/A
4.7.15
P = Permitted Use | C = Conditional Use | * Only as a secondary use
3.9.3
Public Institutional & Natural Bulk Tables
The tables below set forth the bulk requirements for principal and accessory uses,
buildings and structures within the indicated zone, according to the bulk standard size
indicated on the Use Table above (e.g. small uses indicated on the use table must
meet the standards for small principal uses in the bulk table.
Where a secondary use takes place on a site within a principal building, the
standards from the Principal Uses and Buildings Table shall apply. Where a secondary
use takes place within a building or structure on site other than the principal
building, that building or structure shall conform to the standards for accessory
structures.
Municipality of Boissevain-Morton Zoning By-Law | 59
A dash (-) indicates that a minimum or maximum restriction does not apply in the
specific instance.
PRI - Parks, Recreation and Institutional Zone (Small standard shown)
Table 19: PRI - Parks, Recreation and Institutional Bulk Table
PRI
Bulk Standard Size
Min. Site
Area (sq.
ft)
Min. Site
Width (ft)
Min. Front
Yard / Max.
Front Yard (ft)
Min.
Side
Yard (ft)
Min.
Rear
Yard (ft)
Max.
Height
(ft)
Max. Site
Coverage
Small
5,000
50
20
10
10
35
60%
Medium
15,000
100
25
15
15
35
60%
Large
40,000
150
30
20
20
35
60%
Unserviced
2 acres
200
125
30
25
35
60%
Accessory
Structures
-
-
20
2
5
35
10%
Municipality of Boissevain-Morton Zoning By-Law | 60
NP - Natural Protection Zone (Small standard shown)
Table 20: NP - Natural Protection Bulk Table
NP
Bulk Standard Size
Min. Site
Area (sq.
ft)
Min. Site
Width (ft)
Min. Front
Yard / Max.
Front Yard (ft)
Min.
Side
Yard (ft)
Min.
Rear
Yard (ft)
Max.
Height
(ft)
Max. Site
Coverage
Small
25,000
100
20
10
10
35
-
Medium
40,000
150
25
15
20
35
-
Large
2 acres
200
125
30
25
35
-
Unserviced
2 acres
200
125
30
25
35
-
Accessory
Structures
-
-
20
2
5
35
-
Municipality of Boissevain-Morton Zoning By-Law | 61
3.9.4
Explanations and Exceptions
(a) More than one (1) principal building may be located on one (1) zoning
site in the PRI - Parks, Recreation and Institutional zone or the NP -
Natural Protection zone, provided that the yard requirements for each
building are fulfilled without overlap with other yards. In the event of a
conflict between requirements pertaining to each use or building, the
higher or more stringent requirement shall prevail and shall be satisfied.
(b) A multiple-unit principal building shall be considered one (1) building for
the purposes of establishing yard requirements. The principal use category
will be used to determine the yard requirements.
(c)
Where a proposed use requires wastewater disposal facilities and the site is
NOT serviced by a piped municipal sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk
requirements shall be adjusted as shown in the "unserviced" row in the use
table and comply with the requirements in Section 2.20.
(d) No detached accessory building shall be located closer than six (6) feet
to any principal building on the same site or any adjoining site.
(e) Accessory off-street parking spaces shall be provided according to the
minimum number of spaces as calculated by the Required Parking and the
standards provided in this zoning by-law, unless otherwise specified in a
use specific standard.
(f)
Where a site abuts a highway under provincial jurisdiction, the owner shall
obtain all permits required for setbacks of buildings and structures from the
provincial authority having jurisdiction.
Municipality of Boissevain-Morton Zoning By-Law | 62
74%&!$%",8,"&!.'()'1)4
Regardless of whether a use is allowed as a permitted or a conditional use, and
regardless of the zoning district in which the use is located, the following standards for
specific uses must be met, except as otherwise provided in this bylaw or by a
Conditional Use or Variation Order:
+8?"(7$#7?,$ ,-0&+-"3,$@D%$,#%0&./%/
4.1.1
1+)"4%.-%),I&/3,4"(."J,0
(a)
The maximum site area restriction does not apply to a specialized
agriculture operation.
(b)
Compost must be maintained in a way that limits nuisance odors to
adjacent properties. Compost piles or structures must be located a
minimum of 1 meter (3 feet) away from any site line.
4.1.2
1#"$(.&K,,3"#+ 6)&/-(B.,2
The following requirements must be met for all cases where livestock, working
animals, or other animals (excluding pets) are sheltered, bred, raised, or sold and
where the number of animals kept on one site are less than 10 Animal Units (AU),
cumulative across species:
(a)
In addition to the meeting the bulk standard requirements for each zone, a
maximum of one (1) Animal Unit (as specified in Table 18), cumulative
across species, may be allowed for every 4,047 m2 (1 acre) of site area;
(b)
The keeping of animals must adhere to all other local, Provincial and
Federal health and agriculture regulations in addition to the standards in
this By-Law;
(c)
Any ground-level structure intended for the keeping of animals is only
permitted in the rear yard of a site and must maintain a minimum setback
of 4.5 meters (15 feet) from any site line;
(d)
All manure storage facilities on the site shall not be located in the front
yard and shall be setback a minimum of 50 ft. from all other property lines
of the parcel on which it is located.
(e)
Animal feed must be properly stored in enclosed vessels, and areas or
enclosures intended for the keeping of animals must be properly cleaned
and maintained to prevent odours from emanating onto abutting
properties.
Municipality of Boissevain-Morton Zoning By-Law | 63
4.1.3
13"()L&M9,,*,,3"#+N
(a)
No beehive shall be located within 25 feet (7.5 meters) of a site line unless
located in compliance with the following:
The hive's base is set at 8 feet (2.5 meters) or greater above
finished grade; or
The hive is located behind a solid fence or hedge 6 feet (2 meters)
in height located parallel to an adjacent property line and extending
a minimum of 20 feet (6 meters) horizontally behind the hive in
either direction.
4.1.4
;"O,2-64*&73,)(-"6#
(a)
A Livestock Operation shall meet the separation distances as stipulated in
the Development Plan and based on the animal unit calculations and
criteria outlined in Table 18 and Table 22. Mutual separation distances to
single residences will be measured to the building itself; separation
distances to designated areas will be measured to the boundaries of the
designated areas found in the Development Plan, not the buildings within.
(b)
Conditional use livestock operations may be subject to the following
conditions, if imposed by Council:
Measures to ensure conformity with the Development Plan and
zoning by-law. Note that Development Plan Policy 3.2.15 directs
that the development of new livestock operations will not be allowed
in the Agricultural Restricted area. However, existing livestock
operations will be allowed to continue to operate or expand their
operations, provided they have the required approvals from the
applicable government authorities having jurisdiction.
Either or both of the following measures to reduce odours from the
operation:
1. Covering manure storage facilities; or
2. The establishment of shelterbelts.
Enter into a development agreement regarding one or more of the
following:
1. The timing of construction;
2. The control of traffic;
3. The construction and maintenance of roads, fencing,
landscaping, drainage works, shelterbelts; and/or
4. The payment of a sum of money to the board or Council to
be used by the board or Council to construct any of the
items mentioned above.
Municipality of Boissevain-Morton Zoning By-Law | 64
(c)
An application for approval of a livestock operation involving 300 or more
animal units (cumulative across species) shall:
Be sent to the minister for referral to the Technical Review
Committee for review.
Be subject to the following condition (if imposed by Council):
measures to implement recommendations of the Technical Review
Committee.
Table 21: Animal Units by Category of Livestock
Animal
Type
Animal
AUs Produced
by one animal
Number of
animals
producing one AU
Dairy
Milking Cows, including associated livestock
2
0.5
Beef
Beef Cows, including associated livestock
1.25
0.8
Backgrounder
0.5
2
Summer pasture/replacement heifers
0.625
1.6
Feeder cattle
0.769
1.3
Hogs
Sows, farrows to finish
1.25
0.8
Sows, farrows to weanling
0.25
4
Sows, farrows to nursery
0.313
3.2
Weanlings
0.033
30
Growers/Finishers/Biotechs/Feeders
0.143
7
Boars (artificial insemination operations)
0.2
5
Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
Municipality of Boissevain-Morton Zoning By-Law | 65
Horses
Mares, including associated livestock (PMU)
1.333
0.75
Feedlot
1
1
Sheep
Ewes, including associated livestock
0.2
5
Feeder lambs
0.036
16
Goats
All
0.11
9
Elk
Calves
0.05
20
Cows
0.53
1.89
Bulls
0.77
1.29
Bison
Calves
0.25
4
Adults
1
1
Table 22: Minimum Separation Distances for Siting Livestock Operations
Size of Livestock
Operations in
Animal Units
(A.U.)
Separation Distance in Metres (Feet)
from Single Residence
Separation Distance in Metres (Feet)
from Designated Areas
To Earthen Manure
Storage Facility or
Feedlot
To Animal
Confinement
Facility and Non-
earthen Manure
Storage Facility
To Earthen Manure
Storage Facility or
Feedlot
To Animal
Confinement
Facility and Non-
earthen Manure
Storage Facility
10-100
200 (656)
100 (328)
800 (2625)
530 (1739)
101-200
300 (984)
150 (492)
1200 (3937)
800 (2625
201-300
400 (1,312)
200 (656)
1600 (5,249)
1070 (3,511)
301-400
450 (1,476)
225 (738)
1800 (5,906)
1200 (3,937)
401-800
500 (1,640)
250 (820)
2000 (6,561)
1330 (4,364)
801-1600
600 (1,968)
300 (984)
2400 (7,874)
1600 (5,249)
1601-3200
700 (2,297)
350 (1,148)
2800 (9,186)
1870 (6,135)
3201-6400
800 (2,625)
400 (1,312)
3200 (10,499)
2130 (6,988)
6401-12,800
900 (2,953)
450 (1,476)
3600 (11,811)
2400 (7,874)
>12,800
1000 (3,281)
500 (1,640)
4000 (13,123)
2670 (8,760)
Municipality of Boissevain-Morton Zoning By-Law | 66
D%/"0%-#",$ ./%/
4.2.1
PQ,.."#+I&/"#+.,8@#"-
(a)
The minimum floor area for a Single-Unit Dwelling shall be seven
hundred and eighty (780) square feet, except in the Rural Residential and
Cottage zone (RC), where the minimum floor area shall be six hundred and
sixty (660) square feet.
4.2.2
PQ,.."#+I&AQ68@#"-
(a)
The minimum site area for a Two-Unit Dwelling shall generally be six
thousand six hundred (6,600) square feet; however, in the case of semi-
detached two-unit dwellings, each dwelling unit may occupy a separate
site, provided each site is a minimum of four thousand (4,000) square feet
(37.16 m2) in area and has a minimum site width of fifty (50) feet.
(b)
Any side yard required along a shared common party wall in a Two-Unit
Dwelling shall be reduced to zero (0) feet.
(c)
The minimum floor area per dwelling unit in a Two-Unit Dwelling shall be
six hundred (600) square feet.
(d)
The applicable site area and site width bulk requirements for Two-Unit
Dwellings (including existing legal non-conforming sites) shall be
considered fulfilled upon subdivision approval.
Municipality of Boissevain-Morton Zoning By-Law | 67
4.2.3
PQ,.."#+I&!%.-"3.,8@#"-
(a)
The minimum site area for a Multiple-Unit Dwelling shall be ten
thousand (10,000) square feet for the first three (3) units and an additional
one thousand (1,000) square feet for each unit thereafter.
(b)
The minimum floor area per dwelling unit in a Multiple-Unit Dwelling
shall be four hundred and eighty (480) square feet.
(c)
Any side yard required along a shared common party wall in a Multiple-
Unit Dwelling shall be reduced to zero (0) feet.
(d)
In the CC - Commercial Central zone, residential units may only be
permitted above the main floor of a building to encourage commercial uses
along the street.
(e)
A Development Permit for a Multiple-Unit Dwelling shall be accompanied
by plans drawn to scale showing the following:
The location of entrance and loading points to existing and proposed
structures;
The location of all curb cuts, driveways, walkways, parking areas
and loading areas, and the method of illumination;
The location and type of landscaping, walls, fences and screening;
and
Typical floor plans and elevations for proposed buildings and
structures.
4.2.4
;"O,8R6)*&@#"-
(a)
A dwelling that is part of a live-work unit shall be located behind, above, or
beside the area dedicated to work.
(b)
The area dedicated to work shall be accessible to the street front.
(c)
A live-work dwelling unit must not exceed three thousand (3,000) square
feet.
Municipality of Boissevain-Morton Zoning By-Law | 68
4.2.5
!6B".,&S6$, 6)&A"#L&S6$,
A mobile home or tiny home requires a Development Permit. No mobile home or
tiny home located in the municipality shall receive a Development Permit unless it
complies with the following regulations:
(a)
A mobile home or tiny home, if applicable, must meet the structural
standards in The Buildings and Mobile Homes Act;
(b)
A mobile home or tiny home, when located permanently on a site, shall:
Be connected to municipal sewer and water services when such
services are available on the site;
Be placed and anchored on a permanent foundation;
Have skirting that screens the view of any foundation supports or
wheels.
4.2.6
!6B".,&S6$,&'()* 6)&A"#L&S6$,&'64*,-&H,"+TB6%)T660
(a)
More than one dwelling may be permitted on an approved site, along with
communal buildings and structures.
(b)
A new mobile home park or tiny home pocket neighbourhood must:
Contain a minimum of five (5) dwellings;
Maintain a landscaped buffer a minimum of twenty (20) feet in
width free and clear of all buildings and structures around the entire
perimeter of the dwellings (accesses to the dwellings may cross this
buffer);
Contain a shared communal building or outdoor space (such as a
garden, recreational area, or alley) of a size at least 60 square feet
for each dwelling (buffers cannot be considered as part of the
shared space);
Provide all-weather emergency services vehicular access;
Be serviced by a provincially approved wastewater disposal system
(i.e., municipal piped, individual onsite or communal system), an
electrical service connection capable of meeting the domestic needs
of the dwellings and a concrete bases to support the homes;
Provide street lighting according to the specifications in the
Development Agreement; and
Provide clear identification of each dwelling space and its
boundaries.
Municipality of Boissevain-Morton Zoning By-Law | 69
(c)
An application for a mobile home park or tiny home pocket neighbourhood
must be accompanied with a detailed site plan, including:
Location of the site boundaries;
Foundations, pads, or mobile home / tiny home sites;
Communal buildings and structures;
Accessory buildings;
Internal roads;
Sidewalks and active transportation paths;
Vehicle parking;
Systems supplying electrical power, water, and sewage disposal.
4.2.7
/,46#0()L&/%"-,
A Secondary Suite may only be allowed on a site if it complies with the following
regulations:
(a)
May only be developed as a secondary use to an approved principal
residential use.
(b)
Not more than one (1) secondary suite shall be permitted on a single
zoning site.
(c)
The maximum floor area of the secondary suite shall not exceed 49% of
the total habitable floor space of the principal building.
(d)
Detached secondary suites must follow the setback standards for accessory
buildings and structures in the Bulk Standard Table for the appropriate
zone.
(e)
The owner of the property must occupy the principal residential dwelling on
the site.
(f)
A secondary suite shall not be used as a home business or a care home.
>44"(%&,-0&D%#,"$&./%/
4.3.1
F(##(B"2&<,-(".&C2-(B."2T$,#-
A retail cannabis store must meet the following standards:
(a)
A cannabis retail establishment must comply with all Federal and Provincial
regulations.
(b)
All newly sited cannabis retail establishments shall not be located closer
than 985 feet (300 meters) from the site lines of a school.
Municipality of Boissevain-Morton Zoning By-Law | 70
4.3.2
P)"O,8AT)6%+T&C2-(B."2T$,#-
(a)
In addition to any required accessory off-street parking spaces, the owner
of a drive-through establishment must provide the number of
automobile queuing spaces indicated in the "Vehicle Queuing Space
Minimum Requirements Table", based on the corresponding type of use.
(b)
The owner must provide the required spaces so that no queuing space
blocks or interferes with the smooth flow of traffic to and from:
required off-street parking spaces or
the driving aisles providing access to those spaces, or
any adjacent highway, street or public lane through an approved
access point.
(c)
Each required queuing space must have minimum dimensions of 16 feet in
length and 8 feet in width.
Table 23: Vehicle Queuing Space Minimum Requirements Table
Use
Minimum
Queuing
Spaces
Measured From
Car Wash - Automatic
3
2 before the entrance to wash, plus 1 between
vehicle exit from each bay and the point of access
to the public street.
Car Wash - Self-service
2 per bay
1 before the entrance to each bay, plus 1 between
vehicle exit from each bay and the point of access
to the public street
Bank or ATM Drive-
through
3
Teller window or ATM machine
Restaurant with Drive-
through
6
3 before order box
3 between order box and pick-up window
Other use with
accessory Drive-through
facility
2
Pick-up window or entrance to each bay
Municipality of Boissevain-Morton Zoning By-Law | 71
4.3.3
U(2&/-(-"6#
(a)
Notwithstanding the standard bulk requirements, gas stations shall have a
required front, side and rear yard of fifteen (15) feet. Gasoline pumps may
be located in the front yard of a site (i.e. in front of the principal building).
4.3.4
'()*"#+&;6-I&H6#8144,226)L
(a)
A parking lot may only be established on a zoning site in compliance with
the standard dimensions for parking spaces and other parking
requirements established in this zoning by-law.
4.3.5
V,T"4.,&/(.,2&(#0&/,)O"4,
(a)
Repairs made in a Vehicle Sales and Service facility shall be done within
a completely enclosed building, except for minor incidental repairs.
T-07/#?",$&,-0&9,-74,(#7?"-8&./%/
4.4.1
9(-4T&'.(#-&6)&FT,$"4(.&!(#%5(4-%)"#+
(a)
A Batch Plant or Chemical Manufacturing facility must have a minimum site
area of 5 acres and a minimum site width of 400 feet.
4.4.2
9%.*&:%,.&(#0&')63(#,&/(.,2&(#0&/,)O"4,
Bulk Fuel and Propane Sales and Services shall:
(a)
Set back each bulk fuel or propane tank on site a minimum distance of 165
feet (50 meters) from the site lines of residential and commercial zones.
(b)
Comply with all relevant Federal and Provincial regulations, including The
Fires Prevention and Emergency Response Act.
4.4.3
S(J()06%2&!(-,)"(.2 6)&1+)"4T,$"4(.&/-6)(+,&:(4"."-L
A new Hazardous Materials or Agrichemical Storage facility shall be located at a
minimum distance of:
(a)
500 meters (1,640 feet) from any dwelling;
(b)
50 meters (160 feet) away from any creek, stream, or environmentally
sensitive area; and
(c)
100 meters (330 feet) from the edge of the right-of-way of a Provincial
Road or Highway.
Municipality of Boissevain-Morton Zoning By-Law | 72
4.4.4
;%$B,)&W()0
(a)
Where a Lumber Yard includes outdoor storage of materials, the minimum
site area shall be 25,000 square feet and the minimum site width shall be
100 feet.
4.4.5
<,26%)4,&S()O,2-"#+&(#0&CD-)(4-"6#
(a)
Required yards for resource harvesting and extraction shall be determined
by Council.
(b)
A Development Permit shall be required for any development of a
commercial mining or extraction operation. Before a Development Permit is
issued, an applicant must provide the municipality with the following:
In the case of Crown quarry minerals, proof of the issuance of a
Provincial Lease or Casual Permit under Manitoba Quarrying
Minerals Regulations;
A plan showing areas and means for goods and waste
transportation;
A site plan showing the operation, the manner in which extraction or
development will occur, the means of visual buffering and noise and
dust protection; and
A plan for the rehabilitation and intended use(s) of the site upon
completion of the operation phase, subject to Provincial Regulations.
C7K$"(&,-0&T-/#"#7#")-,$&67"$0"-8/
4.5.1
F(),&S6$,
(a)
A care home is permitted to provide residence to a maximum of four (4)
persons, not including the operators.
(b)
Care, treatment, or supervision must not be provided to any persons not
resident in the care home.
(c)
A care home shall be designed so that it does not affect the residential
character of the neighbourhood.
Municipality of Boissevain-Morton Zoning By-Law | 73
4.5.2
FT".0&F(),I&S6$,
A Home Child Care use must comply with the following regulations:
(a)
It must be a secondary use to an approved principal use on the site.
(b)
The number of children being cared for by one person shall not exceed four
(4) children under the age of twelve (12).
(c)
All Provincial regulations must be followed.
(d)
Access to an outdoor recreation area is required.
4.5.3
FT".0&F(),&:(4"."-L
(a)
All Provincial regulations must be followed.
(b)
A Child Care Facility shall only be allowed on a site if the site includes an
accessory outdoor recreation area.
C7K$"(&,-0&T-/#"#7#")-,$&>7#0))?&./%/
4.6.1
F($3+)6%#0
A campground must meet the following standards:
(a)
More than one camp space or recreational vehicle (RV) may be permitted
on a zoning site in a campground RV park;
(b)
A campground must provide a roadway with an all-weather surface that
serves all dwellings and sites;
(c)
A campground must provide storage of refuse in a sanitary manner; and
(d)
A campground must provide clear numbered identification of each camping
space.
4.6.2
F,$,-,)L
(a)
Minimum parking requirements shall not apply to a cemetery.
Municipality of Boissevain-Morton Zoning By-Law | 74
4.6.3
'()*
(a)
Zone requirements for site area, site width, and required yards shall not
apply to a Park; however, any accessory building or structure on the
parcel shall comply with the zone's bulk standards for accessory buildings
or structures.
(b)
Minimum parking requirements shall not apply to a park.
(c)
Compost must be maintained in a way that limits nuisance odors to
adjacent properties. Compost piles or structures must be located a
minimum of 1 meter (3 feet) away from any site line.
>-$;&,/&'%()-0,?;&)?&+((%//)?;&./%/
4.7.1
1")5",.0&6)&;(#0"#+&/-)"3
(a)
Newly sited air landing strips and their related storage facilities may be
developed as a conditionally approved secondary use only when they are
located on and forming part of a permitted or conditionally approved
agricultural use subject to the following additional requirements:
The minimum parcel size required for a permitted or conditionally
approved agricultural operation wanting to develop an accessory
farm-based air land strip and its associated storage facilities shall be
80 acres and the site shall have a minimum width of one-thousand
(1,000) feet;
The accessory farm-based air landing strip and any related storage
facilities shall be setback a minimum of 300 feet from all property
lines of the site on which it is located;
(b)
Notwithstanding anything in this By-law, all accessory farm-based air
landing strips and their related storage facilities shall be subject to
Transport Canada requirements and/or recommended guidelines (where
applicable) and it shall be the responsibility of the proponent to investigate
the need for any required permits, approval or licenses as may be required
from Transport Canada.
Municipality of Boissevain-Morton Zoning By-Law | 75
4.7.2
Bed and Breakfast
A bed and breakfast is subject to the following regulations:
(a) A bed and breakfast must only be allowed within the same building or on
the same property as a principal dwelling, of which the operator is a full-
time resident;
(b) No more than four (4) bedrooms shall be used for transient
accommodation; and
(c)
Signs shall follow the regulations for home businesses in the zone in which
the bed and breakfast is located.
4.7.3
Home Industry
A Home Industry may be allowed as a conditionally-approved secondary use and
shall be subject to the following additional rules:
(a) A Home Industry shall be principally conducted by a resident or residents
of the dwelling unit to which the Home Industry is secondary, and may
employ a maximum of 5 non-resident employees.
(b) A Home Industry shall not generate undue traffic or congestion,
adversely affect the amenity and convenience of the neighbourhood, or
create a nuisance.
(c)
One business sign, either freestanding or affixed to the wall of the principal
or accessory building in which the home industry is carried out shall be
allowed and shall have a maximum sign surface area of 32 square feet.
(d) Where a home industry is proposed adjacent to a provincial trunk highway
and will be utilizing an existing access onto the provincial trunk highway,
the proponent will be responsible for obtaining a required change in access
use permit (i.e. joint use permit) from the provincial authority having
jurisdiction.
(e) It shall be the responsibility of the proponent proposing to establish or
expand a home industry to investigate the need to obtain a development
permit and/or building permit from the municipality prior to the
commencement of the development.
Municipality of Boissevain-Morton Zoning By-Law | 76
4.7.4
S6$,&744%3(-"6#
A Home Occupation must:
(a)
Be principally conducted by a person or persons residing in the dwelling on
the same site as the proposed Home Occupation;
(b)
Not have more than 2 people employed or otherwise engaged in the
business who do not reside in the dwelling;
(c)
Be carried on entirely within the dwelling unit or within an accessory
building located on the same site as the principal building to which it is
accessory, with no exterior display or storage of materials, and no other
exterior indication of the home occupation or variation of the residential
character of the principal or accessory building except as otherwise
provided;
(d)
Not cause the generation of undue traffic and congestion in the area;
(e)
Not emit odor, dust, smoke, noise, gas, fumes, cinders, light, vibration,
refuse matter or water carried wastes that create a nuisance beyond any
site line;
(f)
Not have more than 30% of the total floor area of buildings on the site
devoted to the business;
(g)
Have a maximum of 1 business sign, either freestanding or affixed to the
wall of a principal or accessory building, not exceeding:
32 square feet in agricultural zones; and
16 square feet in other zones.
(h)
Where a home occupation is proposed adjacent to a provincial trunk
highway or provincial road, permits may be required from the provincial
authority having jurisdiction to intensify the use of an existing access or to
change or intensify the use of an existing structure within the controlled
area of both a provincial trunk highway and a provincial road.
(i)
It shall be the responsibility of the proponent proposing to establish or
expand a home occupation to investigate the need to obtain a
Development Permit and/or Building Permit from the municipality prior
to the commencement of the development.
Municipality of Boissevain-Morton Zoning By-Law | 77
4.7.5
Outdoor Pool or Hot Tub
Outdoor swimming pools, hot tubs, and similar structures with a water depth of
greater than two (2) feet, shall be allowed as a permitted accessory use to a
residential or recreational development provided that:
(a) They meet the siting requirements of accessory structures for the zone in
which they are located;
(b) Pool equipment shall be located no closer than 5.0 feet (1.52m) to a side
site line in all Residential Zones. In all other zones, it should be no closer
than 10.0 feet (3.05m) to a side site line.
(c)
In commercial and public institutional zones, a pool area is protected by a
fence with lockable gates and a minimum height of 6 feet (1.83 meters) to
prevent unauthorized entry. The fence and gate must be constructed so as
to prevent a child from crawling underneath;
(d) A Development Permit is issued under this By-law;
(e) Nothing in this Subsection shall relieve any such structure from complying
with the requirements under other building by-laws or applicable provincial
regulations including The Buildings and Mobile Homes Act and The Public
Health Act.
4.7.6
Pole Shed or Fabric Building
A pole shed or fabric building may be allowed as an accessory structure provided
the portable garage or fabric building:
(a) Is not situated within the required front yard of a site;
(b) Meets the requirements for accessory building side and rear yard
requirements;
(c)
Does not exceed the height restrictions for accessory buildings in the zone
in which it is located;
(d) Is kept in good condition. Any rip in the fabric must be repaired.
(e) Is the only one (1) pole shed or fabric building on a site in the residential
zones.
Municipality of Boissevain-Morton Zoning By-Law | 78
4.7.7
Shipping Container (Accessory)
An accessory shipping container must adhere to the following standards:
(a) A shipping container used for storage must meet the requirements for
accessory buildings in the zone in which it is located. Shipping containers,
when stacked, must not exceed the maximum height for accessory
buildings for the zone.
(b) A shipping container may be used for temporary storage or emergency
purposes, provided it meets the requirements for temporary buildings and
structures in this By-law.
(c)
A shipping container may not be used as dwelling unit unless it meets all
the requirements for dwelling units in the zone in which it is located, meets
the requirements in the Building Code and other Provincial regulations, and
receives a development permit and building permit from the
municipality.
(d) A shipping container may be used for purposes other than those described
above (e.g. commercial uses) if it meets the other requirements for that
use in this zoning by-law as well as the requirements necessary to receive
a building permit.
4.7.8
Short-Term Rental
A Short-Term Rental shall be subject to the following regulations:
(a) A Short-Term Rental shall only be permitted as an accessory use to a
permitted principal residential use (e.g. a single-unit dwelling).
(b) A Short-Term Rental shall require a Development Permit.
(c)
A Short-Term Rental located in a single-detached dwelling shall not change
the principal residential character or external appearance of the single-
detached dwelling.
(d) A Short-Term Rental must comply with all relevant Provincial and Federal
regulations.
Municipality of Boissevain-Morton Zoning By-Law | 79
4.7.9
Sign, Accessory
The following provisions shall apply to all accessory signs erected or maintained within
the Municipality, except wherein otherwise stated:
(a) Accessory signs and sign structures may be allowed as accessory uses in
accordance with Table 24 and may require the issuance of a
Development Permit;
(b) All accessory signs shall comply with the minimum yard requirements for
accessory structures in the zone in which they are to be located or erected
and as may be provided in this section;
(c)
No accessory sign or sign structure shall be erected at any location where it
may interfere with or obstruct the view of any street, intersection or
railroad grade crossing, or be confused with any authorized traffic sign,
signal or device. No rotating beam, beacon or flashing illumination
resembling an emergency light shall be used in connection with any sign
display;
(d) No accessory sign may contain flashing lights or digital images unless
specifically allowed in Table 24. All accessory signs with flashing lights or
digital images are prohibited within 100 feet (30 metres) of residential
zones;
(e) No accessory sign or structure shall be erected or maintained on, over or
above any land or right-of-way belonging to the Municipality without a
Development Permit and an encroachment agreement registered on title of
the subject property or building which abuts the municipally owned right-
of-way;
(f)
The placing of accessory signs within the controlled areas of a Provincial
Road or Provincial Trunk Highway shall require a permit/approval from the
provincial authority having jurisdiction;
(g) All accessory signs shall be set back a minimum of 5 feet from the limits of
the parcel on which it is located and to which it is accessory, unless
specified otherwise in Table 24. In the case of a corner lot, the corner side
yard setback shall be increased to minimum of twelve (12) feet.
(h) All accessory signs and structures shall be kept in good repair and in a
proper state of preservation. Signs which have become obsolete because of
discontinuance of the operation or activity or are not maintained in good
condition or repair shall be repaired, removed or relocated within 30 days
following notice by the Development Officer; and
(i)
The following accessory signs shall not require a Development Permit.
However, they must still comply with any applicable siting and setback
requirements in this By-law:
Municipality of Boissevain-Morton Zoning By-Law | 80
(j)
Signs posted by duly constituted public authorities in the performance of
their public duties;
Flags or emblems of a political, civic, educational or religious
organization;
Commemorative or memorial signs or tablets;
Temporary signs including real estate signs, construction signs,
election signs, garage sale signs and similar;
Residential on-site identification signs or warning signs (such as
"Private Property" signs and similar) not exceeding four (4) square
feet in surface area; and
Signs required for direction and convenience of the public, including
signs identifying restrooms or parking entrances, not exceeding five
(5) square feet in sign surface area.
Table 24: Zone Specific Accessory Sign Regulations by Sign Type
Sign Type
Siting Specifications
Allowed in
Zones
Permit
Required
Address / Name
Quantity
1 per address
Area
maximum 4.0 square feet for
single detached dwellings,
maximum 32.0 square feet for
other buildings
Depth
max 3.0 inches
All
No
Awning / Marquee
Quantity
1 per window / 1 per business
Area
n/a
Width
maximum equal to building façade
Depth
minimum 3.0 feet
Other
minimum 2.0 feet distance from
curb
RC
CC, CH
MG
PRI
Yes
Municipality of Boissevain-Morton Zoning By-Law | 81
Sign Type
Siting Specifications
Allowed in
Zones
Permit
Required
Fascia / Wall
Quantity
1 per business
Area
1.5 square foot per linear foot of
façade
Width
max 90% width of façade
Depth
max 7.0 in
CC, CH
MG
PRI
No
Freestanding /
Ground
Quantity
1 per site
Area
Single occupancy max 100 sq.
feet.
Multiple occupancy max 300 sq.
feet.
Height
maximum 8.0 feet
Width
maximum 4.0 feet
Depth
max 12.0 inches
AG, AR
RC
CC, CH
MG
PRI
NP
Yes
Outdoor
Quantity
1 per business
Area
max 6.0 square feet.
Width
max 3.5 feet
Height
max 3.5 feet
Depth
max 6.0 inches
RC
CC, CH
MG
PRI
No
Municipality of Boissevain-Morton Zoning By-Law | 82
Sign Type
Siting Specifications
Allowed in
Zones
Permit
Required
Portable / Mobile
Quantity
1 per site
Area
maximum 48.0 square feet
Width
n/a
Height
maximum 10.0 feet
Setback minimum of 12 feet from the
corner site lines of intersecting
streets
AG, AR
RC
CC, CH
MG
PRI
Yes
Projecting
Quantity
1 per business
Width
maximum 4.0 feet
Height
maximum 4.0 feet
Clearance minimum height above-grade to
the bottom edge of projecting
signs must be 8.5 feet.
RC
CC, CH
MG
PRI
Yes
Sidewalk
Quantity
1 per business
Area
maximum 8.0 square feet
Width
maximum 26 inches
Height
maximum 42 inches
RC
CC, CH
MG
PRI
No
Municipality of Boissevain-Morton Zoning By-Law | 83
Sign Type
Siting Specifications
Allowed in
Zones
Permit
Required
Window
Quantity
1 per window
Area
maximum 25% of glass area
RC
CC, CH
MG
PRI
No
Yard / Identification
Quantity
1 per site
Area
maximum 6 square feet
Width
maximum 3.0 feet
Height
maximum 2.0 feet (not incl. post)
Clearance
min 3.0 feet to sign edge
Apex
max 6.0 feet to top of post
All
No
Municipality of Boissevain-Morton Zoning By-Law | 84
4.7.10 /"+#I&10O,)-"2"#+&6) 9"..B6()0
An advertising sign or billboard must meet the following standards:
(a)
Billboards and other advertising signs directing attention to a business,
commodity or message offered elsewhere than upon the same zoning site
on which that sign is located may be allowed subject to satisfying the zone-
specific use and bulk requirements set out in that zone's Use and Site
Requirements Table in PART 3 of this By-law.
(b)
These signs will require the proponent to obtain a Development Permit
and:
Conditional Use approval for all advertising signs in the
commercial or industrial zones, as well as advertising signs over 54
square feet in size in the agricultural zones;
Advertising signs or billboards with a sign surface area less than 54
square feet in size, which will be Permitted Uses in agricultural
zones.
4.7.11 /6.()&F6..,4-6)
All solar collectors (both ground mounted and roof-top) must meet the following
standards:
(a)
Any solar collector not connected to a building shall adhere to the same
setbacks and height restrictions for secondary / accessory buildings in
the zone in which the installation is situated.
(b)
A roof or wall-mounted solar collector shall not exceed, in size, the total
square footage of the principal structure.
(c)
A solar collector that is mounted on a roof may project a maximum of 1.5
meters 6.5 feet from the surface of the roof and must not extend beyond
the outermost edge of the roof.
(d)
A solar collector that is mounted on a wall may project a maximum of 0.6
meters (2 feet) from the surface of that wall and must be located a
minimum of 2.4 meters (8 feet) above grade.
Municipality of Boissevain-Morton Zoning By-Law | 85
4.7.12 A,.,46$$%#"4(-"6#2&A6Q,)&M144,226)LN
An accessory telecommunications tower may be allowed as an accessory use in
accordance with the minimum yard requirements for accessory structures in the zone
in which it is to be located or erected, with the following exceptions:
(a)
An accessory telecommunications tower is not subject to the standard
height requirements for accessory structures; however, all accessory
telecommunications tower structures shall be set back from all property
lines of the site on which it is located a minimum distance equal to its total
height, measured from the ground to the uppermost point of its extension.
(b)
An accessory telecommunications tower shall be located to the rear of the
front wall of the principal building on the site and to the rear of the front
wall of any principal buildings on adjacent sites;
(c)
Where a device such as a satellite dish is structurally attached to a mast,
truss, or other similar freestanding structure, the clearance between grade
and the bottom extremity of the device shall not exceed the height of the
principal building.
(d)
Where the owner can demonstrate to the satisfaction of a Designated
Officer that strict compliance with the requirements specified in this
Subsection would prevent effective reception of a satellite signal, these
requirements may be varied by Council.
4.7.13 A,$36)()L&9%".0"#+&6)&@2,
(a)
A Development Permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by Council;
(b)
Temporary buildings, structures or uses for construction materials and
equipment, both incidental and necessary to construction on the same
zoning site, may be permitted on a temporary basis subject to the issuance
of a Development Permit. Temporary buildings used for this purpose
shall not exceed one thousand (1000) square feet in area and one (1)
storey or fifteen (15) feet in height;
(c)
Each Development Permit issued for a temporary building, structure or
use shall be valid for a period of not more than twelve (12) months and
may not be renewed for more than two successive periods on the same
parcel of land;
(d)
In all cases, temporary buildings and structures:
Shall not be used for human habitation, except as temporary
accommodation for a caretaker or watchman or construction
workers; and
Shall not be detrimental to the public health, safety, convenience
and general welfare.
Municipality of Boissevain-Morton Zoning By-Law | 86
4.7.14 Wind Energy Generating System Tower (Commercial)
A commercial Wind Energy Generating System tower must meet the following
standards:
(a) It is set back no less than 1.5 times the total turbine height from the
property line and any public road or railway right of way.
(b) It is set back no less than 60 meters (200 feet) from a water body or
waterway.
(c)
The minimum separation distance between a commercial wind energy
generating system tower and the nearest habitable building shall be 500
meters (1,640 feet).
(d) The minimum separation distance between a commercial wind energy
generating system tower and any of the residential zones shall be 805
meters (2,640 feet).
(e) It contains no commercial advertising other than the manufacturer's or
owner's name or logo.
(f)
It contains no artificial lighting other than the lighting that is required by
Federal and Provincial regulation.
(g) As part of their Development Permit application, proponents for Wind
Generation System must submit a detailed site plan showing the location of
all wind generating devices, associated accessory buildings or structures,
electrical lines (above or below ground) on-site roads and driveways
providing access to the public road system.
4.7.15 Wind Energy Generating System (On-site / Rooftop)
An on-site / rooftop Wind Energy Generating System must meet all of the following
standards:
(a) It is set back at least 6 meters (20 feet) from the front building line, or, in
the case of corner lots, at least 4.5 meters (15 feet) from the front and
side site lines.
(b) It is limited to a total turbine height of no more than 4.5 meters (15 feet)
above the rooftop.
(c)
It is safely and securely attached to the rooftop in compliance with the
Building Code.
Municipality of Boissevain-Morton Zoning By-Law | 87
*)9,(,4.1'.,#( '()&:(8#1"%9%(.
This by-law shall be administered in accordance with the provisions of The Planning
Act and this PART.
+03"-"/#?,#")-&,-0&I-4)?(%3%-#&
In the administration and enforcement of this by-law, staff from the Municipality shall
have all the powers of inspection, remedy and enforcement provided under The
Planning Act.
!=%&1%2%$)*3%-#&>44"(%?&U&67"$0"-8&>44"(",$&C)/"#")-&,-0&+7#=)?"#;
The position of the Development Officer / Building Official is hereby established. The
person(s) appointed as Development Officer / Building Official by the Council of
Boissevain-Morton Municipality and shall be a designated officer for the administration
and enforcement of this by-law as provided for under The Planning Act.
D)$%&,-0&D%/*)-/"K"$"#"%/&)4&#=%&1%2%$)*3%-#&>44"(%?&U&67"$0"-8&
>44"(",$
The Development Officer / Building Official shall have the authority to:
(a)
issue Development Permits and Building Permits (where required) and
exercise the powers of administration, inspection, remedy and enforcement
as provided for under authority of The Planning Act.
(b)
refuse to issue a Development Permit and where required, a Building
Permit where:
the required Permit application(s), or any information accompanying
said Permit application(s), is incorrect or incomplete;
the proposed building, structure or use does not, to the
development officer's knowledge, comply with this zoning bylaw, the
municipality's building by-law or with any other applicable federal
and/or provincial law and/or regulation;
(c)
revoke a Development Permit and/or Building Permit where the Permit(s)
were issued in error.
Municipality of Boissevain-Morton Zoning By-Law | 88
(d)
make a minor variance order, without the need for a public hearing, for any
proposed change that varies:
any height, distance, area, size or intensity of use requirement in
the zoning by-law by no more than 15% per cent;
the number of parking spaces required by the zoning bylaw by no
more than 15% per cent.
E=%-&1%2%$)*3%-#&C%?3"#/&+?%&D%P7"?%0&
(a)
In the case of proposed development that involves the construction or
expansion of a public or semi-public water supply system, the
proponent shall be required to contact the Office of Drinking Water for
information concerning licensing and approvals that must be obtained prior
to the commencement of construction.
(b)
Before developing a self-supplied water source (e.g. a well), the
proponent shall be required to contact Manitoba Conservation and Water
Stewardship's Water Use Licensing Section for information concerning
licensing, permits or approvals that may be necessary prior to the
commencement of construction.
(c)
Subject to Section 5.5 of this PART (below), the repair, rehabilitation,
renovation, construction, erection, removal or relocation, enlargement,
addition, extension, conversion, improvement or structural alteration or
placing of a building or structure or any part thereof (including mechanical
systems) and/or replacement of building components and underpinnings or
excavation of land for the purpose of erecting a building or structure
requires a Development Permit and Building Permit (where required)
including those activities set out below, except as otherwise provided for in
this by-law:
the erection, construction, enlargement, structural alteration or
placing of a building or structure, either permanent or temporary;
the establishment of a use of land or a building or structure;
the change of a use of land or a building or structure from the
existing use to a use which is not a permitted use;
the alteration or enlargement of an approved conditional use except
where specifically exempt elsewhere in this by-law.
Municipality of Boissevain-Morton Zoning By-Law | 89
E=%-&1%2%$)*3%-#&C%?3"#/&+?%&F)#&D%P7"?%0
(a)
A Development Permit is not required for the following:
agricultural cropping of land;
incidental non-structural alterations or repairs to buildings or
structures;
patching, painting or decorating;
replacement of stucco, siding or shingles with the same material;
replacement of doors or windows when the opening is not altered;
replacement of open landings and stairs up to 50 sq./ft. in size and
not exceeding 24 inches in height above finished grade;
open patios less than 8 inches above finished grade;
installation of cabinets and shelves;
replacement of or minor changes to the capacity of pipes, ducts or
conduits;
the maintenance or restoration of building components, including
re-painting and similar operations;
the installation of sidewalks, exterior steps, trees, hedges, shrubs,
planters, fountains, flag poles, trellises, lighting and similar
landscaping features that are developed in accordance with the
provisions of this by-law;
private communications aerials and antennas in compliance with the
standards of this by-law;
private sewage disposal systems;
the erection of certain accessory signs as provided for in this By-
law.
(b)
Despite not requiring a Development Permit, all items in this section
shall be subject to all other requirements of this by-law and all other
applicable by-laws of the Municipality.
>#=%?&D%P7"?%0&C%?3"#/&
The issuance of a Development Permit in respect of the development of building,
structure or use does not affect the obligation of the development proponent to obtain
a Building Permit (where required) or any other permit or approval where required
under the municipal building by-law or other municipal by-law, applicable federal and
provincial law(s) and/or regulations, for such a building, structure or use.
Municipality of Boissevain-Morton Zoning By-Law | 90
+**$"(,#")-/&4)?&1%2%$)*3%-#&C%?3"#
No person shall use or occupy any land, building or structure, or erect, construct,
enlarge, alter or place any building or structure, except in accordance with an
approved Development Permit and Building Permit (where required), and with this
by-law.
An application for a Development Permit shall:
(a)
be made by the owner or owners of the parcel in question, or by a person
authorized in writing by them, along with required fees;
(b)
be accompanied by plans drawn to scale showing the following:
the shape and dimensions of the parcel to be used or built on;
the location (relative to property lines) and dimensions of existing
buildings and structures;
the location (relative to property lines) and dimensions of any
proposed building, structure, enlargement or alteration;
the number of existing and proposed dwelling units being proposed
(where applicable);
the use or uses of each existing and proposed building and
structure, user of the land, and the area to be occupied by each
use;
the location of existing and/or proposed vehicular access, utility
connections, parking areas, loading areas, and signage (where
applicable);
the type and location of all existing and/or proposed water supply
systems and wastewater management systems and their distances
from property lines and existing and proposed habitable buildings;
any other information as may be required by the Development
Officer to determine compliance with, and to provide for
enforcement of, this by-law including but not limited to Certificate(s)
of Title and instruments, a surveyor's Certificate and/or Building
Location Certificate prepared by a Manitoba Land Surveyor;
an application for approval of a development permit and/or a
conditional use or variation (where required) for a newly siting or
expanding livestock operation (including a feedlot, animal housing
or manure storage facility) shall be accompanied by a site plan
showing the following information:
i.
the size and location of all existing and proposed feedlots
animal housing and manure storage facilities (including
information regarding the maximum number of animals of
each species forming part of the existing and/or newly
siting or expanding livestock operation); and
ii.
distances to property boundaries from those facilities
identified in i) (above); and
Municipality of Boissevain-Morton Zoning By-Law | 91
iii.
existing and proposed drainage features in the vicinity of
these facilities including any manure runoff collection
basins; and
iv.
the proposed water supply system for the operation, and
the location of any nearby drinking water sources or
infrastructure, such as wells, reservoirs and rural
pipelines; and
v.
written information describing the type(s) and number of
livestock of each species to be confined and estimated
distances to the nearest two (2) dwellings not associated
with the livestock operation; and
vi.
written information concerning any proposed fencing,
landscaping, shelterbelts, measures to reduce odours and
off site use and maintenance of roads (haul routes).
+**$"(,#")-/&4)?&67"$0"-8&C%?3"#&
An application for a Building Permit shall:
(a)
Be made by the owner(s) of the parcel in question, or by a person
authorized in writing by them;
(b)
Be accompanied by plans and specifications as prescribed in the member
municipality's building by-law and as prescribed in the Manitoba Building
Code; and
(c)
Any other information as required by the Building Official having
jurisdiction.
I-#?;&4)?&T-/*%(#")-&,-0&>#=%?&C7?*)/%/
The Development Officer / Building Official may, after giving reasonable notice to the
owner or occupier of land or a building or other structure to be entered, and displaying
or producing on request identification showing his or her official capacity:
(a)
enter the land, building or structure at any reasonable time for the purpose
of inspection, enforcement and or action authorized by this by-law;
(b)
request that anything be produced to assist in inspection, remedy,
enforcement or authorized action; and
(c)
make copies of anything related to the inspection, remedy, enforcement or
authorized action.
In an emergency or in extraordinary circumstances, the Development Officer /
Building Official need not give reasonable notice or enter at a reasonable time and
may do the things referred to in this subsection without the consent of the owner or
occupant.
Municipality of Boissevain-Morton Zoning By-Law | 92
>?0%?&#)&D%3%0;&:)-#?,2%-#")-
If the Development Officer / Building Official finds that a person is contravening this
by-law or The Planning Act, the development officer may by written order require the
person responsible for the contravention to remedy it if, in the opinion of the
development officer, the circumstances so require.
The order may:
(a)
direct a person to stop, or alter activities as applicable;
(b)
direct a person to take any action necessary to remedy the contravention,
including the removal or demolition of a building or structure that has been
constructed, erected or placed in contravention, and if necessary, take
appropriate steps to prevent a recurrence of the contravention;
(c)
state a time within which the person must comply with the directions; and
(d)
state that if the person does not comply with the stated directions, the
municipality will take the action or measure at the expense of the person.
A person who receives an order under this subsection may request Council to review
the order, by written notice given within 14 days after the date the order is received.
After giving the person a reasonable opportunity to be heard, Council may confirm,
vary, substitute or cancel the order or decision.
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An application for a variance, or conditional use, or an amendment to this by-law must
be made in writing to the Development Officer / Building Official by the owner or
owners of the land in question, or by a person authorized in writing by them in the
proper form and must be accompanied by the fee prescribed by Council. The
application must also be accompanied by:
Municipality of Boissevain-Morton Zoning By-Law | 93
(a)
plans drawn to scale showing the shape and dimensions of the affected
property;
(b)
plans drawn to scale showing the location (relative to property lines) and
dimensions of existing buildings and structures;
(c)
plans drawn to scale showing the location (relative to property lines) and
dimensions of the proposed building, structure, enlargement or alteration;
(d)
a description of the use or uses of each existing and proposed building or
structure, or of the land and the area to be occupied by each use;
(e)
a description of the reason why the variance, conditional use, or
amendment to this by-law is being requested;
(f)
any other information required by the Development Officer / Building
Official to determine compliance with, and to provide for enforcement of,
this by-law.
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(a)
In accordance with The Planning Act, where an application is made for a
variance order, conditional use or an amendment of this zoning by-law,
Council may require the owner or the person entitled to be registered as
owner of the land, building, or structure to which the amendment will
apply, as a condition of its enactment, to enter into a development
agreement with the Municipality of Boissevain-Morton in respect of that
land as well as contiguous land owned or leased by the applicant.
(b)
Where an application is made for the subdivision of land, Council may
require the owner or the person entitled to be registered as owner of the
land to enter into a development agreement with Municipality of
Boissevain-Morton, in accordance with The Planning Act.
(c)
A Development Agreement may contain provisions with respect to the
responsibilities for the provision of various services and other
improvements, such as water and sewer piping, protection of heritage
resources and/or human remains, lot grading and drainage, street
construction, and other matters as provided for in The Planning Act.
Municipality of Boissevain-Morton Zoning By-Law | 94
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Note: terms not defined in this bylaw which are defined in The Planning Act have the
meaning provided in that Act.
ACCESSORY BUILDING STRUCTURE OR USE: Means a building, structure or use
which is subordinate to, and incidental to the permitted or approved principal building
or use; and is located on the same site as the principal building, or use, with the single
exception of such accessory off-street parking facilities as are permitted to locate
elsewhere than on the same site with the principal building, structure or use.
ACT, THE OR THE PLANNING ACT: Means The Planning Act, C.C.S.M. c. P80 and all
of its amendments and regulations.
ALTER OR ALTERATION: Means a non-structural change or modification to an
existing building, structure or use which does not increase the exterior dimensions of
height and area.
ALTERATIONS, STRUCTURAL: Means the construction or reconstruction of
supporting elements of a building or other such as bearing walls, columns, joists,
beams or girders. For the purpose of this by-law structural alteration shall not include
the following alterations:
(a)
an addition on the exterior of a building, such as an open deck or port;
(b)
the alteration of interior non-load bearing components;
(c)
the replacement of, or change in, utility pipes, ducts or conduits;
(d)
adding or enlarging windows or doors; when the opening is not enlarged;
(e)
replacement of building facades;
(f)
strengthening the load bearing capacity, in not more than ten (10) percent
of the total floor area to permit a specialized unit of machinery or
equipment;
and
(g)
other non-structural maintenance, repair or renovation.
BUILDING: Means a building as defined in The Planning Act.
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BUILDING, HEIGHT OF: Means the vertical distance measured from grade to the
highest point of the roof surface if a flat roof, to the deck of a mansard roof, and to
the mean height level between eaves and ridge for gable, hip or gambrel roof (see
illustration). If one structure includes multiple roof types, the overall height for the
structure is determined based on the highest of the various measurements. Building
height is measured in feet; the approximate number of storeys is included for
illustration purposes only.
BUILDING, PRINCIPAL: Means a building in which is conducted the main or primary
use of the site on which it is situated.
BULK: Means the following:
(a) The size (including height and floor area), of buildings or structures; and
(b) The area of the site upon which a building is located, and the number of
dwelling units or rooms within such building in relation to the area of the
site; and
Municipality of Boissevain-Morton Zoning By-Law | 96
(c)
The location of exterior walls of buildings in relation to site lines; to other
walls of the same building; to legally required windows; or to other
buildings; and
(d) All open areas relating to buildings or structures and their relationship
thereto.
CONDITIONAL USE: Means a use of land or a building that may be permitted under
a zoning by-law.
CONTROLLED AREA is defined in the Transportation Infrastructure Act.
COUNCIL: Means the Council of the Municipality of Boissevain-Morton.
DESIGNATED OFFICER: Means an officer appointed by a Municipality in accordance
with the provisions of The Act.
DEVELOPMENT: Means development as defined in The Act.
DEVELOPMENT PERMIT: Means a permit issued under the zoning by-law authorizing
development.
DEVELOPMENT PLAN: Means the Municipality of Boissevain-Morton Development
Plan as adopted by By-law.
DWELLING UNIT: Means one or more rooms used or intended to be used as a single
housekeeping unit with cooking, sleeping and sanitary facilities.
FENCE, HEIGHT OF: Fence height is measured from the highest part of the fence to
the point where the fence post enters grade. Where a fence is located on top of a
retaining wall, the height to the fence shall include the height of the retaining wall
measured from the finished grade.
FLAG LOT: Means a lot with two distinct parts: 1. The "flag," which is the only
building site; and is located behind another lot; and 2. The "pole," which connects the
flag to the street; provides the only street frontage for the lot; and at any point is less
than the minimum lot width for the zone.
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FLOOR AREA: Means the total area of all of the floors of a building or structure,
measured from the exterior faces of the exterior walls (or from the centerline of party
walls). The total floor area includes the square footage of mezzanines, lofts and
basements with a headroom height of at least 7.5 feet (2.2 meters). The floor area of a
principal building shall not include non-enclosed roofed-over areas (such as exterior
covered porches) nor the floor area of accessory buildings or structures (such as a car
garage), even if those structures are attached to the principal building.
GRADE: (as applying to the determination of building or structure height) Means the
average level of finished ground adjoining a building or structure at all exterior walls, as
determined by a Designated Officer.
LOADING SPACE: Means an off-street space or berth on the same site with a building,
or contiguous to a group of buildings for the temporary parking of a commercial vehicle
while loading or unloading merchandise or materials, and which has access to a street,
lane, or other appropriate means of access.
NON-CONFORMING BUILDING STRUCTURE: Means any lawful building or
structure which does not comply with one or more of the applicable site requirements
on the effective date of this By-law or its amendments.
NON-CONFORMING SIGN: Means any lawful sign which does not comply with one or
more of the applicable site requirements on the effective date of this By-law or its
amendments.
NON-CONFORMING SITE OR PARCEL OF LAND: Means any lawful site or parcel of
land which does not comply with the site area, site width or site depth on the effective
date of this By-law, or amendments thereto, and was on record in the Land Titles
Office and in separate ownership prior to the effective date of this By-law, or
amendments thereto, and did not form part of a larger contiguous holding in the same
ownership.
NON-CONFORMING USE: Means any lawful use of a building, structure or a parcel of
land, or portion thereof, which does not conform to one or more of the applicable use
requirements of the zone in which it is located, either on the effective date of this
By-law or amendments thereto.
NON-CONFORMITY: Means a parcel of land or site, a building or structure, or a use
which lawfully existed prior to the effective date of this By-law or amendments thereto,
but does not conform to the provisions contained within this By-law or amendments
thereto.
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PARCEL OF LAND means the aggregate of all land described in any manner in a
certificate of title.
PARKING SPACE: Means an open area of land other than a street or lane or an area
within a structure used for the parking of vehicles.
PARTY WALL: Means a wall jointly owned and jointly used by two parties under
easement agreement or by right in law, and erected at or upon a line separating two
parcels of land each of which is, or is capable of being, a separate real estate entity
PREMISES: Means an area of land, including a site, with or without buildings or
structures.
REQUIRED YARD: Means an open area, on the same site as a building or structure,
which is unoccupied and unobstructed from its lowest level to the sky, except as
otherwise permitted herein. A required yard extends along a site line to a depth or width
(measured from the site line) specified in the yard requirement for the zone in which it is
located.
(a) REQUIRED YARD, FRONT: Means a yard extending along the full length
of the front site line between the side site lines (see illustration in Figure 7
below).
(b) REQUIRED YARD, REAR: Means a yard extending along the full length of
the rear site line between the side site lines (see illustration in Figure 7
below).
(c)
REQUIRED YARD, SIDE: Means a yard extending along the side site line
from the required front yard to the required rear yard (see illustration in
Figure 7 below).
Municipality of Boissevain-Morton Zoning By-Law | 99
Figure 7: Required Yards
SECONDARY USE OR STRUCTURE means a use or structure that takes place on the
same site as a principal use or structure that is not naturally and normally carried out
as part of that principal use (e.g. a daycare in an office building).
SITE means a whole lot or block in a registered plan of subdivision, or the aggregate
of all contiguous land described in a certificate of title or in more than one certificate
of title provided they are in the same ownership.
Municipality of Boissevain-Morton Zoning By-Law | 100
SITE COVERAGE: Means the percentage of the total site area covered by buildings
and structures. It is calculated by dividing the square footage of building cover by the
square footage of the lot, except that the following structures are not counted or
purposes of determining lot coverage:
(a)
Areas covered by open swimming pools and hot tubs;
(b)
Open decks, landings and stairs less that 4 feet above grade;
(c)
Accessory structures with a cumulative lot coverage under 108 square feet
in total area; and
(d)
Any permitted projections.
SITE AREA: Means the computed area contained within the site lines.
SITE DIMENSIONS: Means as follows:
(a)
SITE DEPTH: Means the horizontal distance between the center points in
the front and rear site lines, with the following exceptions:
In the case of a through site, the site depth is between the centre
points between the two front lot lines with the maximum horizontal
separation.
In the case of a flag lot, the site depth is measured as one-half of
the cumulative horizontal lengths of all of the site side lines.
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(b)
SITE WIDTH: Means the horizontal distance between the side site lines,
measured at right angles to the site depth line at a point halfway between
the front and rear site lines, or forty (40) feet from the front site line,
whichever is the lesser.
SITE LINES: Where an irregular shaped site cannot have its site lines defined by the
foregoing definitions, the front, rear and side site lines shall be determined by a Designated
Officer. Otherwise, means as follows:
(a)
FRONT SITE LINE means:
In the case of an interior site, that boundary which is along an
existing or designated street; or
In the case of a through site, all site boundaries which abut public
streets from which vehicular access is permitted (this will usually
result in two front site lines); or
In the case of a corner site, that frontage which is the continuation
of the front site line of an abutting interior site or, if none, those
frontages which, as front site lines, accord with the intent and
purpose of yard requirements under this By-Law, as determined by
a Designated Officer.
Municipality of Boissevain-Morton Zoning By-Law | 102
(b)
REAR SITE LINE means:
That boundary of a site which is most nearly parallel to the front site
line; or
Any site boundary which is in whole or in part the rear site line of an
abutting site and as a rear site line accords with the intent and
purpose of yard requirements or development standards under this
By-law; or
In the case of a site where the side site lines intersect, the rear site
line is deemed to be a line ten (10) feet in length, located within the
site, parallel to and at the maximum distance from the front site
line.
(c)
SIDE SITE LINE: Means any boundary of a site which intersects with a
front site line and is not a front or rear site line.
SITE REQUIREMENTS: Means the following:
(a)
The size (including height of building and floor area), of buildings or
structures;
(b)
The area of the zoning site upon which a building is located, and the
number of dwelling units or rooms within such building in relation to the
area of the zoning site;
(c)
The location of exterior walls of buildings in relation to site lines, to other
walls of the same building, to legally required windows, or to other
buildings; and
(d)
All open areas relating to buildings or structures and their relationships
thereto.
SITE TYPES: Means as follows:
(a)
CORNER SITE: Means a site situated at the intersection of two (2) streets,
the interior angle of such intersection not exceeding 135 degrees.
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(b) CORNER SITE, REVERSE: Means a corner site where the side site line
adjacent to the street is a continuation of the front site line of the first site
to its rear (key site).
Municipality of Boissevain-Morton Zoning By-Law | 104
(c)
INTERIOR SITE: Means a site that has frontage on only a single public
street.
(d) KEY SITE: Means the first site to the rear of a reverse corner site.
(e) THROUGH SITE: Means a site having a pair of opposite site lines along
two more or less parallel streets. The front site line shall be determined by
a Designated Officer.
STOREY: Means the portion of any building which is situated between the top of any
floor and the top of the floor next above it; and if there is no floor above it, that portion
between the top of such floor and the ceiling above it, but does not include a cellar. A
basement shall be counted as a storey for the purpose of height measurement if the
vertical distance between the ceiling and the average finished level of the adjoining
ground is more than six (6) feet.
STREET: Means public thoroughfare but does not include a public lane.
STRUCTURE: Means anything constructed or erected which requires location on the
ground or is attached to something having a location on the ground.
Municipality of Boissevain-Morton Zoning By-Law | 105
USE: Means:
(a) Any purpose for which a building or other structure or a parcel of land may
be designed, arranged, intended, maintained, or occupied; or
(b) Any activity, occupation, business, or operation carried on, or intended to
be carried on, in a building or other structure or on a parcel of land.
VARIANCE OR VARIATION: Means a modification of the literal provisions of the By-
law granted when strict enforcement of the By-law will cause undue hardship owing to
circumstances unique to the individual property on which the variance is granted.
Municipality of Boissevain-Morton Zoning By-Law | 106
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Where the following terms appear in this by-law, they have the meaning provided as
follows:
Agriculture, General means an agricultural, horticultural or silvicultural operation
that is conducted in order to produce agricultural products on a commercial basis. It
includes: the production of crops and horticultural crops; the use of land for grazing;
the processing necessary to prepare an agricultural product for distribution from the
farm gate; the operation of agricultural machinery and equipment, including the tillage
of land and the application of fertilizers, manure, soil amendments and pesticides
(whether by ground or aerial application); and the storage, use or disposal of organic
wastes for agricultural purposes but does not include a livestock operation,
cannabis cultivation and processing facility, or apiary.
Agriculture, Specialized means an agricultural operation in which high value, lower
volume, intensively managed agricultural products are produced, which may be on a
smaller land holding than the minimum size required for general agriculture. This term
refers to such uses as fruit and vegetable production, permaculture gardens,
nurseries, and greenhouses. It may also include small processing facilities for these
crops. These operations may sell products directly to the consumer by means of
roadside stands, farm stores, or u-pick operations. The definition does not include an
apiary, animal keeping or stables.
Agro-Industrial Business means an establishment that provides goods or services
to the agricultural sector including, but not limited to, seed cleaning plants, grain
elevators, feed mills, food processing, abattoirs, and auction marts. It does not include
Hazardous Materials or Agrichemical Storage facilities (such as fertilizer and anhydrous
ammonia sales and storage) or fertilizer or other Chemical Manufacturing facilities.
Animal Keeping or Stables means a use where livestock, working animals or other
animals (excluding pets) less than 10 total animal units (cumulative across species)
are sheltered, bred, raised, grazed, or sold. This includes, but is not limited to,
stables, riding academies, or aquaculture operations.
Apiary means any place where bees are kept.
Arts and Cultural Establishment means a facility used for display, storage,
restoration or events related to art, literature, music, history or science. This term
refers to uses such as art galleries, theatres, dance and performing arts studios,
libraries, museums, archives and interpretive centres.
Municipality of Boissevain-Morton Zoning By-Law | 107
Assisted Living Facility means a facility where meals, lodging, and continued
medical care or treatment may be provided for compensation. This includes, but is not
limited to, nursing homes, retirement homes, healing homes, and medical receiving
homes. Smaller facilities may meet the criteria as care homes.
Batch Plant or Chemical Manufacturing means a facility where industrial
chemicals, concrete or asphalt are manufactured and/or stored. It includes, but is not
limited to, asphalt or concrete batch plants, paint storage and paint and varnish
manufacturing but does not include uses covered as Agro-Industrial Businesses or
General Manufacturing.
Bed and Breakfast means the use of a dwelling unit within the same building or on
the same property as a principal dwelling occupied by the operator to provide
overnight accommodation to the travelling public for a period of less than 30
consecutive nights, and which may or may not include the provision of meals prepared
by the operator for guests. It does not include short term rental uses or Inn or Hotel
uses.
Building or Contracting Establishment means a premises used for the purposes of
undertaking or managing activities engaged in maintaining and building new
structures, or works, additions or renovations and typically includes the offices of
general building contractors, general contractors, specialized trades and building
maintenance services such as window cleaning and extermination services and may
include a showroom and/or display area open to the general public. Also included is
the prefabrication of building equipment and materials and contractors' offices, but
does not include the storage of waste materials.
Brewery / Distillery / Winery means a development that is used for the
manufacturing of beer, wine, spirits or other alcoholic beverages. This use may include
the sale of alcoholic beverages manufactured on-site, as well as the preparation and
sale of food to the public for consumption within the premises and/or on ancillary
outdoor patios; the retail sales of alcoholic beverages manufactured on-site for
consumption off-site; and the storage, packaging, bottling, canning and shipping of
products manufactured within the premises.
Campground means a parcel of land planned and improved to accommodate
recreational vehicles (RVs), yurts, tents, tent trailers, or other camping or glamping
accommodations used as temporary dwellings for travel, recreational and vacation
uses.
Cannabis Cultivation and Processing Facility means a provincially licensed
cannabis cultivation, processing and/or packaging facility.
Municipality of Boissevain-Morton Zoning By-Law | 108
Cannabis Retail Establishment means the premises specified in a retail cannabis
licence where the retail sale of cannabis is authorized.
Care Home means the use of a building (usually a house) to provide a small number
of persons with residential care or transitional services. Larger care home facilities are
considered to be assisted living facilities.
Carport means a roofed structure for automobile storage, usually attached to a house
and not fully enclosed like a garage but with at least one side open to the outdoors.
Casino / Gaming Establishment means a development providing facilities for
patrons to participate in gaming opportunities. Typical uses include Provincially-
licensed casinos, gaming centres, clubs and VLTs. This use does not include facilities
used for infrequent bingo or other community gaming activities.
Cemetery means land used or intended to be used for the burial of the dead, and
may include columbaria, mausoleums, and mortuaries, when operated in conjunction
with and within the boundaries of such cemetery, but does not include crematoria.
Child Care, Home means the provision of child care services as a secondary use in
part of a building, including, but not limited to, a dwelling unit in which the owner or
tenant resides or a place of worship.
Child Care Facility means the provision of child care or educational service in a
building or part of a building specifically intended for that purpose, including a
provincially licensed childcare facility, a nursery school, Montessori school or similar
building.
Community Centre or Hall means a meeting place or drop-in centre for community
activities, public organizations, private clubs, or recreational groups.
Crematorium means a facility containing a certified furnace, water cremation
facilities, or similar alternatives intended for use in the incineration or disposal of
human or animal corpses.
Drive-Through Facility means a facility designed to provide goods or services to the
persons driving in motor vehicles, including but not limited to a drive-through
restaurant or bank.
Municipality of Boissevain-Morton Zoning By-Law | 109
Dwelling means one or more rooms used or intended to be used as a single
housekeeping unit with cooking, sleeping and sanitary facilities.
Dwelling, Farm means a dwelling located on the same parcel of land as an
agricultural operation.
Dwelling, Single-Unit means a building, located and fixed on a single site,
containing one dwelling. It includes, but is not limited to, a house and a
cottage, but does not include a mobile home or tiny house.
Dwelling, Two-Unit means a building, located and fixed on a single site,
containing two dwellings (for example, a duplex or a side-by-side).
Dwelling, Multiple-Unit means a building, located and fixed on a single site,
containing three (3) or more dwellings (for example, a row house, town
house, apartment building, or condominium).
Emergency Services Station means a facility used for emergency service
administration and vehicle parking, including police and fire stations, ambulance
dispatch, and emergency services headquarters.
Food / Beverage Service Establishment means a development that is used for the
preparation of food or drink that is consumed by the public, whether on-or-off-
premises, including drinking establishments licensed by the Province, restaurants,
cafes, delicatessens, commercial catering kitchens, lunchrooms, and bakeries, as well
as ancillary patios. This use does not include Drive-Through Establishments.
Freight Terminal means a processing node for freight. It includes, but is not limited
to, railroad terminals and trucking terminals.
Gas Station means a facility where vehicle fuel, lubricants and accessory items
(including convenience store items) are offered for sale but where no provision is
made for the repair, maintenance and storage of vehicles.
General Manufacturing means a use which mechanically transforms materials or
substances into new or reused products with indoor or outdoor operations and
storage, including the assembly of component parts, including, but not limited to
woodworking shops, welding and assembly shops, and painting shops. It does not
include Batch Plants or Chemical Manufacturing or Agro-Industrial Businesses.
Municipality of Boissevain-Morton Zoning By-Law | 110
Hazardous Materials or Agrichemical Storage Facility means a facility used to
store agrichemicals such as anhydrous ammonia or fertilizers or other hazardous
materials. It does not include uses covered as Agro-Industrial Businesses or Batch
Plant or Chemical Manufacturing.
Healthcare Facility means a building or structure used to provide care to patients
that require medical care. This includes, but is not limited to, hospitals, healthcare
centres, and medical clinics. Healthcare facilities are not generally intended for
residential purposes and thus do not include assisted living facilities or care homes.
Home Industry means a light manufacturing operation that is carried out as a
secondary use on the same site as a dwelling.
Home Occupation means an occupation, trade, business or activity that is carried
out as a secondary use on the same site as a dwelling.
Indoor Amusement or Fitness Centre means an indoor premise where amusement
activities, physical fitness equipment and/or instructional classes are provided for
individuals or groups of people, including but not limited to arcades, escape rooms,
bowling alleys, aerobic and martial arts studios.
Industrial Service Shop means a use where heavy equipment and machinery, such
as tractors, graders and farm machinery, are repaired and serviced and includes uses
providing services to mineral and forest extraction operations.
Inn or Hotel means a building or part of a building where accommodation is provided
for transient lodgers, in any individual room or apartment, with or without cooking
facilities.
Live-Work Unit means a unit with one dwelling located above, behind or beside a
space dedicated to work with street front access. The work area may or may not be
separate from the dwelling unit. The use does not include a home occupation.
Livestock Operation means a permanent or semi-permanent facility or non-grazing
area where at least 10 animal units of livestock are kept or raised either indoors or
outdoors, and includes all associated manure collection facilities, but does not include
an auction mart.
Lumber Yard means a facility where bulk supplies of lumber and other building
materials are stored indoors or outdoors.
Municipality of Boissevain-Morton Zoning By-Law | 111
Media Studio means a development that is used for the creation, production, and/or
circulation of audio or visual materials that are broadcasted or otherwise
communicated through technological means to an off-site audience. Typical uses
include internet content providers, game designers, and film, radio, or television
studios. This use does not include Accessory Telecommunications Towers.
Mobile Home means a portable dwelling unit that is designated to be used as a living
quarters or as accommodation for travel, recreation, or vacation purposes and that a)
is capable of being transported on its own chassis and running gear by towing or other
means, or b) is placed on the chassis or body of a motor vehicle, or c) forms part of a
motor vehicle.
Office means a building or part of a building in which persons are employed for the
provision of professional or other services to the public such as legal services, real
estate services, financial services, insurance brokers, consultants, and other uses, but
does not include personal services or retail.
Outdoor Event Space means an open-air space with temporary or permanent
structures where people gather for events. It includes, but is not limited to, exhibition
and fair grounds, farmers market grounds, drive-in theatres, and ceremonial grounds.
Park means an outdoor area, usually accessible to the public, which may include
features such as playgrounds, picnic areas, gardens, paths and trails.
Parking Lot, Non-Accessory means a parcel of land used exclusively for vehicular
parking and is available for use whether free, for compensation or as an
accommodation for clients, customers, employees or visitors. It does not include
accessory parking areas, which are included on the same lot as a principal use.
Personal Services means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual (one on
one) and personal needs of persons and includes, but is not limited to, such
establishments as medical, dental, barber shops, janitorial, catering, cleaning and
garment services, and photography studios.
Pet Shelter or Sales means any premises on which more than two (2) companion
animals, such as dogs and cats, are boarded, bred, trained or cared for in return for
remuneration, or are kept for the purpose of sale. This term refers to such uses as
kennels, pet daycares, and pet stores.
Municipality of Boissevain-Morton Zoning By-Law | 112
Place of Worship means a building primarily used for religious purposes. It may
include, but is not limited to, a church, chapel, mosque, synagogue, or temple.
Pole Shed or Fabric Building means a structure intended to store goods or
materials that may consist of metal or steel frame and is covered by such material as
canvas, plastic, polyethylene, various types of fabric or similar materials. This includes
small-scale garages that are used for private residences as well as large fabric garages
such as those used to store farm machinery and equipment.
Public Utility means a system furnishing water, sewage collection, electricity,
telecommunication services, gas or similar services to properties by means of pipes,
lines and other equipment located on or under public roads and other rights-of-way. It
does not include private for-profit telecommunications towers, wind energy generation
stations (WEGS) and commercial-scale solar energy generation systems.
Public Works Building means any publicly owned or occupied building, structure,
plant or compound for the purpose of providing services to the public, including, but
not limited to: public transportation facilities (such as bus stations); communication
systems; office buildings and maintenance buildings.
Recreation Facility (Indoor) means a building which provides areas for recreation
and spectating, including, but not limited to, arenas, curling rinks, stadiums, public
swimming pools, and indoor sports fields.
Recreation Facility (Outdoor) means an open-air area which provides opportunities
for recreation, including, but not limited to, sports fields, skateparks, outdoor
swimming pools, miniature golf, race tracks, and splash parks. It does not include golf
courses or parks or features covered under those uses.
Retail means the use of a building or portion of a building where goods, wares,
merchandise, or similar items are offered for sale directly to the public.
Retail (Small) means a building or portion of a building where the retail use occurs in
a space with a ground floor area less than 5,000 square feet (465 square meters). It
includes, but is not limited to, corner stores, shops, and small box stores.
Retail (Large) means a building or portion of a building where the retail use occurs in
a space with a ground floor area equal to or greater than 5,000 square feet (465
square meters). It includes, but is not limited to, big box stores, malls, shopping
centres, and wholesale centres.
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Secondary Suite means a second dwelling unit detached from, attached to or within
a principal residential use, that provides basic requirements for living, sleeping,
cooking, and sanitation. It includes, but is not limited to, basement suites, coach
houses, and garden suites.
Shipping Container, Accessory means a pre-fabricated structure which is designed
for the shipping of goods via land, sea, rail or road and may include trailer bodies or
other similar structures (including motor vehicle bodies) which have the wheels
removed. An accessory shipping container shall naturally and normally be incidental,
subordinate in purpose or area, or both, and shall be located on the same site as the
principal use, building or structure to which it is accessory.
Short-Term Rental means the whole or part of an existing dwelling that is used to
provide overnight accommodation to the travelling public for a period less than 90
consecutive days. It does not include Bed and Breakfast uses or Inn or Hotel uses.
Sign, Advertising means a sign directing attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than upon the same
site where the sign is located. An advertising sign is not an accessory use on a
property and is therefore treated differently than other signs advertising a business on
the same property.
Solar Collector, Ground Mounted means a solar collector mounted to the ground
and associated equipment for converting solar energy to power, either for personal
use or for commercial sale and distribution to the electricity grid (a solar farm, for
example).
Solar Collector, Roof-top or Wall-mounted means a roof or wall-mounted solar
collector and associated equipment for converting solar energy to power primarily to
serve the electrical needs of the on-site user or consumer (either behind the meter or
off-grid) rather than to produce power for resale.
Solid Waste Disposal or Composting Site means a landfill, recycling facility,
commercial composting facility or other area where solid waste is disposed of, stored,
or buried.
Telecommunications Tower (Accessory) means a structure used to support
ancillary devices such as, but not limited to, citizens' band radio, television or internet
service. The structure is located on the same site and in direct support of either a
permitted or conditionally approved use.
Municipality of Boissevain-Morton Zoning By-Law | 114
Tiny Home means a residential dwelling that is less than 37 square meters (400
square feet) in area.
Tiny Home Pocket Neighbourhood means a group of tiny homes that are clustered
around a shared outdoor space, such as a garden, courtyard, or alley.
Towing and Storage Compound means an indoor or outdoor facility where motor
vehicles are taken and stored temporarily until they reclaimed by their owners. A
towing and storage compound may include an impoundment lot or a lot used for
temporary vehicle storage but does not include a wrecking and salvage yard.
Vehicle Sales & Services means a premises used for the display, repair, sale or
rental of new or used automobiles, recreational vehicles, snowmobiles, ATVs, camper
and travel trailers, boats, boat and utility trailers and the like, but not including mobile
home or heavy machinery sales or service.
Veterinary Clinic means a facility designed for the care and treatment of domestic
animals, not including cows, horse and the like, under the supervision of a doctor of
veterinary medicine. The boarding of animals is limited to short-term care incidental to
the treatment of the animals.
Warehouse or Self-Storage Facility means a means an enclosed facility in which
goods, raw materials, or commodities are stored or sold wholesale. It does not include
the outdoor storage or display of materials.
Wastewater Treatment Site means a facility where wastewater or sewage is
treated. It includes, but is not limited to, wastewater treatment plants, tanks, and
lagoons.
Wind Energy Generating System, Commercial means a wind energy generating
system designed and built to provide electricity for commercial sale and distribution to
the electricity grid.
Wind Energy Generating System, On-Site Use / Rooftop means a wind energy
generating system intended to primarily serve the electrical needs of the on-site user
or consumer (either behind the meter or off-grid) rather than to produce power for
resale, including roof mounted wind turbines.
Wrecking and Salvage Yard means a site where motor vehicles of any kind are kept
for the purpose of obtaining parts or scrap materials for resale or recycling.